WorldWideScience

Sample records for antitrust laws

  1. Confidence in Anti-Trust Laws

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    Cooperation between Chinese and U.S. anti-monopoly enforcers is helping China improve its laws to encourage free competition china and the United States signed a memorandum of understanding regarding cooperation in antitrust and anti-monopoly investigations in Beijing on July 27. China’s National Development and Reform Commission (NDRC), Ministry of Commerce (MOFCOM) and State Administration for Industry and Commerce (SAIC) signed the document with the U.S. Department of Justice and Federal Trade Commission (FTC).

  2. 32 CFR 644.542 - Application of anti-trust laws.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Application of anti-trust laws. 644.542 Section... PROPERTY REAL ESTATE HANDBOOK Disposal Sale Procedure § 644.542 Application of anti-trust laws. The Federal... tend to create or maintain a situation inconsistent with the anti-trust laws. Prior to obligating...

  3. "Law v. National Collegiate Athletic Association": A Guide To How Courts Will Treat Future Antitrust Challenges to NCAA Regulations.

    Science.gov (United States)

    Leduc, Marc R.

    1999-01-01

    Examines the application of antitrust law to National Collegiate Athletic Association (NCAA) rules and regulations through an analysis of the Tenth Circuit's decision in "Law v. National Collegiate Athletic Association." Suggests that the "Law" decision provides a useful framework for the analysis of future antitrust challenges to NCAA rules and…

  4. Joint Research and Development under US Antitrust and EU Competition Law

    DEFF Research Database (Denmark)

    Lundqvist, Björn

    This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blomqvist details the modifications and amendments...... made over this time to the relevant legal acts and guidelines. In doing to, the author picks up on the slow shift that has taken place in both the antitrust laws of the USA and the Competition Rules of the EU. The book concludes by discussing the necessity for a stringent attitude towards the antitrust...... establishment, and how this can be developed by reviving the concept of the ‘innovation market’....

  5. Incorporating health care quality into health antitrust law

    Directory of Open Access Journals (Sweden)

    Schneider Helen

    2008-04-01

    Full Text Available Abstract Background Antitrust authorities treat price as a proxy for hospital quality since health care quality is difficult to observe. As the ability to measure quality improved, more research became necessary to investigate the relationship between hospital market power and patient outcomes. This paper examines the impact of hospital competition on the quality of care as measured by the risk-adjusted mortality rates with the hospital as the unit of analysis. The study separately examines the effect of competition on non-profit hospitals. Methods We use California Office of Statewide Health Planning and Development (OSHPD data from 1997 through 2002. Empirical model is a cross-sectional study of 373 hospitals. Regression analysis is used to estimate the relationship between Coronary Artery Bypass Graft (CABG risk-adjusted mortality rates and hospital competition. Results Regression results show lower risk-adjusted mortality rates in the presence of a more competitive environment. This result holds for all alternative hospital market definitions. Non-profit hospitals do not have better patient outcomes than investor-owned hospitals. However, they tend to provide better quality in less competitive environments. CABG volume did not have a significant effect on patient outcomes. Conclusion Quality should be incorporated into the antitrust analysis. When mergers lead to higher prices and lower quality, thus lower social welfare, the antitrust challenge of hospital mergers is warranted. The impact of lower hospital competition on quality of care delivered by non-profit hospitals is ambiguous.

  6. Out at Home: Why the Major League Baseball Advanced Media Agreement May Violate Antitrust Law

    OpenAIRE

    Schoenvogel, Sally E.

    2013-01-01

    Major League Baseball Advanced Media (MLBAM or BAM) has created one of the most successful technology platforms for broadcasting professional baseball games online. BAM is extremely profitable, but its exclusive online broadcast of professional baseball games through MLB.tv may violate antitrust law. Conventional wisdom may sugges...

  7. Impact of the antitrust laws on the commercialization of solar heating and cooling

    Energy Technology Data Exchange (ETDEWEB)

    Gross, J.

    1979-06-01

    Many energy industry observers and solar equipment producers view the commercialization of solar technologies as an opportunity to undermine the dominance now enjoyed by energy companies and electric utilities. Whether their hopes will be realized depends on Congress' posture towards interenergy diversification (which is currently permissive), DOE's spending practices (which have, in the past, been relatively insensitive to competitive consequences), and ultimately, the Supreme Court's willingness to aggressively enforce the antitrust laws (which is not unlikely, given recent holdings). Notwithstanding the legislative and administrative branches' tacit compliance with entrenched firms' involvement in the various solar energy submarkets, injured business persons and consumers (as well as the Department of Justice and the Federal Trade Commission) have the opportunity to force the controversy onto the judiciary by bringing suit under the antitrust laws against companies allegedly displaying anti-competitive market practices. The interchangeability between end uses of renewable and nonrenewable energy resources creates opportunities and motives for market manipulation. Consequently, the potential of energy firms for facilitating solar technology development (due to technological knowledge, managerial expertise and capital resources) must be weighed against the possibility that their involvement will, in the long run, retard development. 356 references.

  8. An inquiry into the causes for the multiple goals of the United States Antitrust Law from a historical perspective

    Institute of Scientific and Technical Information of China (English)

    Han Tie

    2006-01-01

    It is not the case as Robert Bork claims that the U.S.antitrust law had only one goal-maximization of consumer welfare of efficiency-at the very beginning and should have been kept that way for its later development.Partly because of the fighting among different interest groups as well as spokesmen of different regions at the 51 st Congress,the Sherman Antitrust Act came out as a legislation with multiple goals,which were also taking shape under the influence of the Republican idea of balance of power,the liberal belief in property rights,the freedom of contract of classic economics,and the price theory of neoclassic economics.In more than a hundred years after that,the U.S.antitrust law has shifted the center of its goals as a result of the change of regulatory regimes with different emphases such as market function,economic stabilization,social concern,and economic efficiency during different periods.From a historical perspective,it is beyond dispute that the U.S.antitrust law has had multiple goals instead of only one.

  9. Online Advertising Platforms and Personal Data Retail: Consequences for Antitrust Law

    OpenAIRE

    Marcela Mattiuzzo

    2015-01-01

    Treating online platforms as two-sided in all cases does not yield the best possible results for antitrust analysis and, as such, one should question whether continuing to apply it without qualification is the most suitable course forward. Marcela Mattiuzzo (CADE, Brazil)

  10. Private Antitrust Litigation: Procompetitive or Anticompetitive?

    OpenAIRE

    R. Preston McAfee; Hugo Mialon; Sue Mialon

    2005-01-01

    The antitrust laws are intended to permit procompetitive actions by firms and deter anticompetitive actions. We consider firms' incentives to use the antitrust lawsuits for strategic purposes, in particular to prevent procompetitive efficiency-improvement by rival firms. Our main result is that, ceteris paribus, smaller firms in more fragmented industries are more likely to use the antitrust laws strategically than larger firms in concentrated industries.

  11. Physicians, unions, and antitrust.

    Science.gov (United States)

    Hirshfeld, E B

    1999-01-01

    The increasing consolidation of our healthcare delivery systems and the concomitant push for perceived efficiencies, speed, and profits has laid the foundation for a renewed interest in unionization by many physicians. This Article analyzes the barriers to such unionization that are posed by the antitrust laws, and provides an analysis of how to proceed with unionization without violating those laws. The Article also analyzes the current status of physician ability to unionize, and surveys the present status of physician unions.

  12. Antitrust issues and the restructuring of the power industry

    International Nuclear Information System (INIS)

    Because of extensive federal oversight and state regulation of the utility area, few antitrust cases have been brought concerning the electric power industry. The limited prior case law that exists in this area nonetheless provides valuable guidance regarding how the antitrust laws will protect consumers and, therefore, competition in the electric power industry. This article will discuss the primary antitrust doctrines likely to be utilized to protect competition in this industry

  13. The Intersection of Advertising and Antitrust in New Zealand

    OpenAIRE

    Andrew Matthews; Gus Stewart

    2014-01-01

    The enforcement fusion of (some) advertising and antitrust law, coupled with other advertising law, provide a powerful toolkit for New Zealand’s regulator and competitors alike. Andrew Matthews & Gus Stewart (Matthews Law)

  14. International commercial Arbitration and the challenge of mandatory rules of law: the case of arbitration in antitrust claims

    OpenAIRE

    Seyed Mohammad Tabatabaei Nejad

    2015-01-01

    For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the t...

  15. International commercial Arbitration and the challenge of mandatory rules of law: the case of arbitration in antitrust claims

    Directory of Open Access Journals (Sweden)

    Seyed Mohammad Tabatabaei Nejad

    2015-05-01

    Full Text Available For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the time, more gates have been opened for arbitration and it got not only a private means but a way in which both private and public interests are secured. The public interests so are factors that shall be precisely considered to prevent the situation in which courts rejecting award in reviewing stage due to the fact that the public policy aspects of the case are not complied. In this article we scrutinize the challenges arbitration may encounter especially in respect of competition law in an international environment in respect of application of mandatory laws.

  16. 75 FR 16178 - Antitrust Division

    Science.gov (United States)

    2010-03-31

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993--Joint... Director of Operations, Antitrust Division. BILLING CODE 4410-11-M...

  17. 77 FR 38831 - Antitrust Division

    Science.gov (United States)

    2012-06-29

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993... Civil Enforcement, Antitrust Division. BILLING CODE P...

  18. Antitrust in Open Economies

    NARCIS (Netherlands)

    J.F. François (Joseph); H. Horn

    2006-01-01

    textabstractWe examine antitrust rules in a two county general equilibrium trade model, contrasting national and multilateral (cooperative) determination of competition policy, exploring the properties of the policy equilibrium. It is not imperfect competition, but variation in competitive stance be

  19. A First Principles Approach to Antitrust Enforcement in the Agricultural Industry

    OpenAIRE

    Geoffrey Manne; Joshua Wright

    2010-01-01

    A first principles approach to antitrust analysis is required to guarantee the benefits of competition in the agricultural sector; we discuss three fundamental principles of modern antitrust that, at times, appear to be given short-shrift in the recent debate. Geoffrey Manne, International Center for Law and Economics & Joshua Wright, George Mason University

  20. Recent Trends in Antitrust Enforcement

    Directory of Open Access Journals (Sweden)

    Mario Siragusa

    2015-10-01

    Full Text Available This article intends to discuss a selection of the most relevant features of the most recent trends in antitrust enforcement. Firstly, anticompetitive signalling will be addressed: its assessment depends on the kind of information provided. Where such information is of public knowledge or is very well known by the market participants, signalling should not be deemed as anticompetitive. Secondly, the Power Cable case has raised for the first time various problematic issues, such as the possibility to impose parental liability on a purely financial investor, even where the presumed direct infringer would have been able to pay the fine. This appears to be irreconcilable with the objectives for which the case law on parental liability has been elaborated. Thirdly, as to the concept of restriction of competition by object, it is argued that the Intel case does not disavow the principles established in Cartes Bancaires. Indeed, the finding of a violation and the different methodology applied in the first case are only due to its specific factual circumstances. Finally, the nouvelle vague of the case law on the anticompetitive abuse of rights has led to two opposite approaches, one at the EU and the other at the Italian level. The first one, based on the finding of objective circumstances, is perfectly consistent with existing EU case law, while the second, exclusively focused on the exclusionary intent, seems to be in sharp contrast with it. The hope is that the Court of Justice will intervene to resolve this contradiction.

  1. 75 FR 70031 - Antitrust Division

    Science.gov (United States)

    2010-11-16

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993--Open.... Brink, Deputy Director of Operations, Antitrust Division. BILLING CODE 4410-11-M...

  2. 78 FR 17431 - Antitrust Division

    Science.gov (United States)

    2013-03-21

    ... January 2, 2013 (78 FR 117). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. BILLING...) of the Act on July 30, 2001 (66 FR 39336). The last notification was filed with the Department on... Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of...

  3. 77 FR 54611 - Antitrust Division

    Science.gov (United States)

    2012-09-05

    ... on June 8, 2012 (77 FR 34067). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division... Section 6(b) of the Act on June 30, 2000 (65 FR 40693). The last notification was filed with the... Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of...

  4. The Range and Criteria of the Rule of Reason in the Antitrust Laws%反垄断法中合理原则的适用范围及评判标准

    Institute of Scientific and Technical Information of China (English)

    丁文枢

    2012-01-01

    合理原则和本身违法原则是反垄断法的两大基本原则,被用来认定垄断行为是否成立。目前,合理原则的适用范围、适用方法和评判标准都尚未形成相对统一且具有可操作性的方案,这直接导致其在现实中的作用大打折扣。文章将合理原则的适用范围限定为部分横向协议、纵向非价格约束、合并或联营、附属性限制这四种情形。遗憾的是,当前的研究成果都只是列举了适用合理原则的考察标准.却未对其进行重要性排序。这种作法并不符合司法效率原则。因此,文章将目的要件作为适用合理原则的主要标准,目的要件和限制竞争行为的必要性作为次要标准,而进入壁垒则基本不予考虑。笔者认为,将合理分析的方法规则化对我国《反垄断法》十分有利,并对此提出相关建议。%The rule of reason and the per se rule are two basic principles of antitrust law and they are used to identify the establishment of monopolistic behaviors. By the judicial practice of the United States' antitrust law, the rule of reason was formed and improved. Although the rule of reason is attached more importance to, its scope and criteria are still vague and unpractical, thus playing a minor role in the judicial practice. This paper introduced the origin and the theoretical basis of the rule of reason and limited its scope to some horizontal agreements, vertical non-price constraints, merger or joint venture, subsidiary restrictions. On the other hand, current theories only cite some elements of the rule of reason this paper regarded consequence as the main criterion, purpose as the secondary standard, while entry barrier was hardly considered. The author believed that antitrust laws would benefit from the methods of rational analysis and some valuable suggestions were put forwarded.

  5. 15 CFR 1160.4 - Antitrust considerations.

    Science.gov (United States)

    2010-01-01

    ...) TECHNOLOGY ADMINISTRATION, DEPARTMENT OF COMMERCE PRODUCTIVITY, TECHNOLOGY AND INNOVATION Promotion of Private Sector Industrial Technology Partnerships § 1160.4 Antitrust considerations. The Department of Commerce will offer no opinion on the antitrust merits of the formation of any industrial...

  6. Economic Liberalization and Antitrust in México Economic Liberalization and Antitrust in México

    Directory of Open Access Journals (Sweden)

    Mark D. Williams

    1995-03-01

    Full Text Available Mexico recently adopted antitrust legislarion modeled after that in the European Union and the United States. The law established an enforcement agency, the Federal Competition Commission. and gave it the fundamental task of preserving economic reforms. Accordingly, the agency initiated a vigorous program of traditional antitrust enforcement, including merger oversight and investigations of hoth horizontal and vertical business activities.The theoretical framework proposed in this paper suggests that dedicating resources to traditional antitrust enforcement may not be an appropriate policy for a liberalizing economy. Instead. the agency should devote its resources to competition advocacy - especially during Mexico's transition to a more open economy - and limit its enforcement activities to nambiguously anticompetitive horizonral restraints on competition. Traditional antitrust enforcement, especially against business activities with ambiguous anticompetitive effect, may simply encourage producer interest groups to lobby other government agencies for protection. This protection will be counterproductive to the goals of liberalization and may often be more anticompetitive than the cure.Qualitative evidence suggests that the Federal Competition Commission has allocated its resources toward its competition advocacy role by challenging government-generated barriers to entry, growth and exit. These resources are expected to have greater returns in terms of economic reform than do traditional antitrust enforcement efforts, We conclude that conventional antitrust enforcement should he relegated to mature developed economies alld that competition advocary he emphasized for economies in transition. Mexico recently adopted antitrust legislarion modeled after that in the European Union and the United States. The law established an enforcement agency, the Federal Competition Commission. and gave it the fundamental task of preserving economic reforms

  7. Anti-Trust

    Institute of Scientific and Technical Information of China (English)

    HUYONG

    2005-01-01

    In 1993, China promulgated a law against unfair competition, which has served as a basic package of rules for the nation to maintain the normal order of market competition. Though there are clauses and articles in other existing laws that concern policies for competition, no exclusive law against monopolistic competition has yet been hammered out.

  8. 76 FR 63659 - Antitrust Division

    Science.gov (United States)

    2011-10-13

    ... pursuant to Section 6(b) of the Act on February 2, 2005 (70 FR 5486). The last notification was filed with...) of the Act on July 20, 2011 (76 FR 43347). Patricia A. Brink, Director of Civil Enforcement... Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993;...

  9. 78 FR 17430 - Antitrust Division

    Science.gov (United States)

    2013-03-21

    ... pursuant to Section 6(b) of the Act on April 4, 2003 (68 FR 16552). The last notification was filed with... Section 6(b) of the Act on March 23, 2012 (77 FR 17095). Patricia A. Brink, Director of Civil Enforcement... Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of...

  10. Antitrust concerns in the modern public utility environment

    International Nuclear Information System (INIS)

    Direct regulation of public utility activity and behavior has been the predominant approach to protect the public interest in this country. Changes in technology, as well as new thinking about the optimum role of regulation, have created a changing atmosphere in all of the traditional public utility industries. Competitive markets for many of the products and services in these industries have been developing. While monopoly power will continue to exist in certain parts of these industries and require direct regulation, in many areas a growing reliance upon competition as the best method of serving the public interest is developing. With this shift in emphasis from regulation to free markets, the antitrust laws take on new importance for these industries. In the absence of direct regulator control, those laws are society's primary method of insuring the markets necessary to make competition an effective device for protecting the public interest. This study provides an overview of the antitrust laws, briefly describes the applicable theoretical underpinnings, and then turns to areas where public utility activity may pose special problems or conflicts with prevailing antitrust policy

  11. Antitrust concerns in the modern public utility environment

    Energy Technology Data Exchange (ETDEWEB)

    Meeks, J.E. [Ohio State Univ., Columbus, OH (United States). Coll. of Law

    1996-04-01

    Direct regulation of public utility activity and behavior has been the predominant approach to protect the public interest in this country. Changes in technology, as well as new thinking about the optimum role of regulation, have created a changing atmosphere in all of the traditional public utility industries. Competitive markets for many of the products and services in these industries have been developing. While monopoly power will continue to exist in certain parts of these industries and require direct regulation, in many areas a growing reliance upon competition as the best method of serving the public interest is developing. With this shift in emphasis from regulation to free markets, the antitrust laws take on new importance for these industries. In the absence of direct regulator control, those laws are society`s primary method of insuring the markets necessary to make competition an effective device for protecting the public interest. This study provides an overview of the antitrust laws, briefly describes the applicable theoretical underpinnings, and then turns to areas where public utility activity may pose special problems or conflicts with prevailing antitrust policy.

  12. Sunk Costs and Antitrust Barriers to Entry

    OpenAIRE

    SCHMALENSEE, Richard

    2004-01-01

    US antitrust policy takes as its objective consumer welfare, not total economic welfare. With that objective, Joe Bain's definition of entry barriers is more useful than George Stigler's or definitions based on economic welfare. It follows that economies of scale that involve sunk costs may create antitrust barriers to entry. A simple model shows that sunk costs without scale economies may discourage entry without creating an antitrust entry barrier.

  13. Mercantilism, Corporations, and Liberty: The Fallacies of ‘Lochnerian’ Antitrust

    Directory of Open Access Journals (Sweden)

    James Rolph Edwards

    2009-07-01

    Full Text Available Progressive legal theorist Daniel Crane has argued that libertarians who believe that monopoly results from government intervention should accept antitrust law because the monopoly problem is a result of state government passage of General Incorporation Acts after the Civil War. The resulting corporate consolidation and control of industry necessitated federal antitrust law as a corrective. Crane has all of this wrong. State permission for incorporation was an ancient tool of mercantile grants of monopoly still in practice by state legislatures in the early 19th century, and the General Incorporation Acts were a major expression of a successful Jacksonian antimonopoly policy.

  14. NRC antitrust licensing actions, 1978--1996

    International Nuclear Information System (INIS)

    NUREG-0447, Antitrust Review of Nuclear Power Plants, was published in May 1978 and includes a compilation and discussion of U.S. Nuclear Regulatory Commission (NRC) proceedings and activity involving the NRC's competitive review program through February 1978, NUREG-0447 is an update of an earlier discussion of the NRC's antitrust review of nuclear power plants, NR-AIG-001, The US Nuclear Regulatory Commission's Antitrust Review of Nuclear Power Plants: The Conditioning of Licenses, which reviewed the Commission's antitrust review function from its inception in December 1970 through April 1976. This report summarizes the support provided to NRC staff in updating the compilation of the NRC's antitrust licensing review activities for commercial nuclear power plants that have occurred since February 1978. 4 refs., 4 tabs

  15. NRC antitrust licensing actions, 1978--1996

    Energy Technology Data Exchange (ETDEWEB)

    Mayer, S.J.; Simpson, J.J.

    1997-09-01

    NUREG-0447, Antitrust Review of Nuclear Power Plants, was published in May 1978 and includes a compilation and discussion of U.S. Nuclear Regulatory Commission (NRC) proceedings and activity involving the NRC`s competitive review program through February 1978, NUREG-0447 is an update of an earlier discussion of the NRC`s antitrust review of nuclear power plants, NR-AIG-001, The US Nuclear Regulatory Commission`s Antitrust Review of Nuclear Power Plants: The Conditioning of Licenses, which reviewed the Commission`s antitrust review function from its inception in December 1970 through April 1976. This report summarizes the support provided to NRC staff in updating the compilation of the NRC`s antitrust licensing review activities for commercial nuclear power plants that have occurred since February 1978. 4 refs., 4 tabs.

  16. Addressing Pricing Power in Integrated Delivery: The Limits of Antitrust.

    Science.gov (United States)

    Berenson, Robert

    2015-08-01

    Prices are the major driver of why the United States spends so much more on health care than other countries do. The pricing power that hospitals have garnered recently has resulted from consolidated delivery systems and concentrated markets, leading to enhanced negotiating leverage. But consolidation may be the wrong frame for viewing the problem of high and highly variable prices; many "must-have" hospitals achieve their pricing power from sources other than consolidation, for example, reputation. Further, the frame of consolidation leads to unrealistic expectations for what antitrust's role in addressing pricing power should be, especially because in the wake of two periods of merger "manias" and "frenzies" many markets already lack effective competition. It is particularly challenging for antitrust to address extant monopolies lawfully attained. New payment and delivery models being pioneered in Medicare, especially those built around accountable care organizations (ACOs), offer an opportunity to reduce pricing power, but only if they are implemented with a clear eye on the impact on prices in commercial insurance markets. This article proposes approaches that public and private payers should consider to complement the role of antitrust to assure that ACOs will actually help control costs in commercial markets as well as in Medicare and Medicaid. PMID:26124302

  17. 28 CFR 16.88 - Exemption of Antitrust Division Systems-limited access.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Antitrust Division Systems-limited access. 16.88 Section 16.88 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE... and compiled for law enforcement purposes could result in the premature disclosure of the identity...

  18. Multiple Listing Arrangements in Residential Real Estate Transactions: An Antitrust Analysis

    OpenAIRE

    Richard Epstein

    2008-01-01

    Let me start this short paper on the antitrust law governing multiple listings in the real estate brokerage industry with a conventional account. Thereafter I shall try to explain why this account, while not wholly wrong, is in at least one important respect incomplete.

  19. Minimizing antitrust exposure in a virtual merger.

    Science.gov (United States)

    Brock, T H

    1999-09-01

    As an alternative to complete mergers or joint ventures, hospitals recently have begun to explore virtual mergers, in which the parties are able to retain some managerial and financial independence while coordinating their mutual operations to financial advantage. Because virtual mergers are a recent phenomenon and can be structured in various ways, the antitrust risks associated with such transactions are unclear. A state antitrust challenge brought against an East Coast virtual merger and informal guidance by Federal antitrust attorneys suggest that the antitrust agencies will be inclined to challenge a virtual merger if the parties to the transaction retain too much independent decision-making authority. Hospitals that are considering a virtual merger therefore would do well to structure the transaction to combine governance and administration, financial assets, operations, and medical staffs as much as possible, while still allowing each party to the transaction to retain the independent decision-making authority each feels is necessary. PMID:11066705

  20. Sunk Costs and Real Options in Antitrust

    OpenAIRE

    Robert S. Pindyck

    2005-01-01

    Sunk costs play a central role in antitrust economics, but are often misunderstood and mismeasured. I will try to clarify some of the conceptual and empirical issues related to sunk costs, and explain their implications for antitrust analysis. I will be particularly concerned with the role of uncertainty. When market conditions evolve unpredictably (as they almost always do), firms incur an opportunity cost when they invest in new capital, because they give up the option to wait for the arriv...

  1. Holding Innovation to an Antitrust Standard

    OpenAIRE

    Gilbert, Richard

    2007-01-01

    Several antitrust cases have involved allegations of anticompetitive innovation or product design and some plaintiffs and antitrust scholars have argued that investment in research and development that excludes competition can have predatory effects similar to predatory pricing. This article analyzes several tests for predatory innovation, including the rule of reason based on total and consumer welfare and profit sacrifice tests. All of these tests are likely to produce false positives that ...

  2. Antitrust review of nuclear power plants. Recent developments

    International Nuclear Information System (INIS)

    This report updates and augments an earlier report that cataloged antitrust license conditions resulting from the Nuclear Regulatory Commission's (NRC's) antitrust review process mandated by the 1970 antitrust amendments from December 1970 to April 1976. An overview of the NRC's antitrust review process relevant to applications for construction permits and operating licenses is presented. Information on the antitrust reviews completed from May 1976 to February 1978 is also given. This information includes the identity of applicants, utility system and unit sizes, the geographic location of the applicant, and a summary of any antitrust license conditions

  3. Antitrust, Economics, and Innovation in the Obama Administration

    OpenAIRE

    Joshua Wright

    2009-01-01

    In the sometimes lengthy period before those changes are incorporated into antitrust doctrine and enforcement decisions, the history of antitrust suggests a tendency toward false positives when innovative business practices are involved.

  4. Revised antitrust guidelines. Forming physician network joint ventures.

    Science.gov (United States)

    Anderson, K R

    1997-02-01

    What do physician executives need to know about antitrust guidelines? This article presents an overview of the revised "Statements of Antitrust Enforcement Policy in the Health Care Area," released in late 1996. Antitrust concepts and implicated federal statutes are described, and implications for forming physician network joint ventures are explored. Requirements of the revised standards used by the agencies to determine a permissible integration are addressed, as well as the factors considered in antitrust scrutiny of physician ventures.

  5. Reputational penalties to firms in antitrust investigations

    NARCIS (Netherlands)

    Broek, van den S.; Kemp, R.G.M.; Verschoor, W.F.C.; Vries, de A.

    2012-01-01

    We estimate the impact of legal penalties imposed on Dutch listed firms targeted by competition authorities from 1998 to 2008 on a firm's stock market value. On average, firms lose 2.3 percent of their market values when an antitrust investigation is uncovered. This corresponds to a total value loss

  6. Mergers, Strategic Investments and Antitrust Policy

    NARCIS (Netherlands)

    D. Deneffe (Daniel); P.P. Wakker (Peter)

    1996-01-01

    textabstractEstablished firms can diversify into new markets in two distinct modes: through internal development or through conglomerate merger. Building on a dynamic three-stage bargaining model with variable threats, this paper shows that a lenient antitrust position toward horizontal mergers can

  7. Mergers, strategic investments and antitrust policy

    NARCIS (Netherlands)

    P.P. Wakker; D. Deneffe

    1996-01-01

    Established firms can diversify into new markets in two distinct modes: through internal development or through conglomerate merger. Building on a dynamic three-stage bargaining model with variable threats, this paper shows that a lenient antitrust position toward horizontal mergers can induce estab

  8. An Antitrust Analysis of College Early Admission Programs

    Directory of Open Access Journals (Sweden)

    Adam L. Henry

    2005-04-01

    Full Text Available College admissions at the level of elite colleges and universities would seem, to the uninitiated, to offer a model of the competitive market that antitrust law endeavors to promote and maintain. Notwithstanding the significant branding power of a handful of truly elite colleges, the college market exhibits many of the paradigmatic competitive market’s hallmark features, including substantial numbers of both producers and consumers of the educational product, and seemingly unhindered information on the parts of both parties. Indeed, there can be little doubt that the system promotes sometimes-fierce competition: not only among applicants for elite colleges, but also among colleges for elite applicants. Such competition drives colleges to make themselves more attractive in two ways: by reducing prices through scholarships, grants, research stipends, and the like, and by improving their product through inducements like honors designations and programs. In either form, this competition redounds to the economic benefit of admitted students.

  9. Using Stationarity Tests in Antitrust Market Definition

    OpenAIRE

    Forni, Mario

    2002-01-01

    In this Paper it is argued that, if two products or geographic areas belong in the same market, their relative price must be stationary. Hence stationarity tests like the ADF and the KPSS can be helpful in delineating the relevant market for Antitrust purposes, particularly for abuses of dominant positions and agreements between competitors. The proposed procedure is closely related with cointegration analysis but has more general validity. An application to the Italian milk market illustrate...

  10. Special report on antitrust. Part One: Antitrust constraints on the creation and operation of joint ventures.

    Science.gov (United States)

    Enders, R J

    1988-02-01

    In a few areas of the country the phrase "health care joint venture" is still almost unknown. In most areas, however, such ventures are becoming common, and in many parts of the country there is truly a plethora of joint venture activity in the industry. The antitrust treatment of the formation and operation of these affiliations is therefore an area of increased concern for industry executives. This first of a two-part series for the Newsletter will describe the general framework for an antitrust evaluation of a joint venture. Next month's article will discuss specific situations.

  11. Teaching Merger Law Through In-Class Simulations

    OpenAIRE

    Spencer Weber Waller

    2015-01-01

    I am convinced that there are effective ways to introduce more simulations, role playing, active learning, and a greater air of reality to teaching antitrust law. Spencer Weber Waller (Loyola University Chicago School of Law)

  12. Change and Continuity in International Antitrust Under an Obama Administration

    OpenAIRE

    Daniel Sokol

    2009-01-01

    change in the antitrust leadership in the United States as a result of the election of Barack Obama has potentially significant challenging effects for antitrust enforcement and priorities around the world. Nevertheless, some of the differences between Democratic and Republic administrations, at least on international issues, may be exaggerated.

  13. Joint ventures e a política antitruste brasileira Joint ventures and Brazilian antitrust policy

    Directory of Open Access Journals (Sweden)

    Ana Paula Avellar

    2012-12-01

    Full Text Available As políticas de defesa da concorrência integram atualmente o conjunto fundamental de instituições necessárias à promoção do crescimento e a busca das sociedades por arranjos mais eficientes. O presente trabalho tem como objetivo realizar uma análise da política antitruste brasileira concentrando-se no tratamento dado pelas autoridades à constituição de joint ventures. Na realização dessa tarefa, foram feitas revisões teóricas, constatações acerca dos procedimentos de autoridades internacionais sobre o assunto e um estudo empírico abordando casos julgados no Brasil entre os anos de 2002 e 2010. O resultado encontrado revela a inexistência de normatização específica para o tratamento das joint ventures no Brasil, culminando, assim, em uma relativa discricionariedade por parte dos órgãos do SBDC na análise desses atos.The antitrust policy is an essential part of the required institutions that support economic growth and the seeking for more efficient arrangements. This paper aims to examine the Brazilian antitrust policy, paying special attention to way that the authorities deal with the joint ventures. In order to reach this goal, we review the theoretical contributions, discuss the procedures adopted by international antitrust authorities and, more importantly, scrutinize the cases of joint ventures judged by the Brazilian watchdog along period 2002-2010. We conclude that there are not specific norms to be applied by the Brazilian antitrust commissionaires when they are judging joint ventures, allowing them to act with a relatively degree of discretion.

  14. ANTITRUST ISSUES IN THE LARGE-SCALE FOOD DISTRIBUTION SECTOR

    Directory of Open Access Journals (Sweden)

    Enrico Adriano Raffaelli

    2014-12-01

    Full Text Available In light of the slow modernization of the Italian large-scale food distribution sector, of the fragmentation at national level, of the significant roles of the cooperatives at local level and of the alliances between food retail chains, the ICA during the recent years has developed a strong interest in this sector.After having analyzed the peculiarities of the Italian large-scale food distribution sector, this article shows the recent approach taken by the ICA toward the main antitrust issues in this sector.In the analysis of such issues, mainly the contractual relations between the GDO retailers and their suppliers, the introduction of Article 62 of Law no. 27 dated 24th March 2012 is crucial, because, by facilitating and encouraging complaints by the interested parties, it should allow the developing of normal competitive dynamics within the food distribution sector, where companies should be free to enter the market using the tools at their disposal, without undue restrictions.

  15. 网络经济中反垄断法的定位:“放任”与“干预”的博弈%Position of Antitrust Law in Network Economy:Game between“Indulgence”and “Intervention”

    Institute of Scientific and Technical Information of China (English)

    胡丽

    2016-01-01

    The Internet Economy in the 21st century in the form of an innovative economy,which has a huge impact on the national economy,is known as the driving force of the country’s economy and thecompetitive battleground between countries.Despite the antitrustlaws exemption of “natural monopoly theory”,the network economy monopoly itself may favor the interests of consumers as well as “competitive monopoly”,which is an inherent feature of the network economy and other ideas and theories of “indulgence”of the network economy.The inherent drawbacks of the network economy, the physical constraints of freedom of choice for consumers by network operators and the expectationsof market diversifica-tion for network security are important consideration for the “intervention”by antitrust laws.%网络经济是21世纪创新性的经济形式,对国民经济影响巨大,被誉为国家经济的推进剂和国与国竞争的主战场。尽管存在“自然垄断说”的反垄断法豁免、网络经济中的垄断本身可能有利于消费者利益以及“竞争性垄断”是网络经济的固有特征等网络经济放任说的主张和理论,但网络经济竞争秩序的维护诉求通过反垄断法得以因应是网络经济发展的必然要求。网络经济存在的固有弊端、网络经营者对消费者自由选择权的实质限制以及网络安全对市场多样化的期待是反垄断法“干预”网络经济的重要考虑。

  16. Intellectual Property Rights Protection Versus Antitrust: Tug of War?

    OpenAIRE

    Andrey Shastitko; Alexander Kurdin

    2011-01-01

    We consider the relationship between antitrust policy and intellectual property protection under the condition of poorly enforced intellectual property rights protection. Andrey Shastitko & Alexander Kurdin (Moscow Lomonossov State Univ.)

  17. Agricultural Production Restrictions and Market Power: An Antitrust Analysis

    OpenAIRE

    Bolotova, Yuliya

    2015-01-01

    During the recent decade the organizations of agricultural producers in the national dairy, potato, egg and mushroom industries implemented various pre-production and production restriction practices with the primary objective of agricultural output price stabilization. The buyers of the affected agricultural commodities have challenged the legal status of production restrictions in a number of recent and current antitrust lawsuits, arguing that the Capper-Volstead Act, a limited antitrust ex...

  18. The Golden Arches Meet the Hallowed Halls: Franchise Law and the Law School Curriculum.

    Science.gov (United States)

    Wright, Danaya

    1995-01-01

    A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…

  19. Concetto di mercato e antitrust (The concept of the market and antitrust

    Directory of Open Access Journals (Sweden)

    P. Sabbatini

    2013-10-01

    Full Text Available In order for the concept of the market to play a significant and non-contradictory role in economic (and antitrust analysis, two conditions must be fulfilled. First, the characteristics of demand must be such as to demarcate a market unequivocally. Second, the competition in a specific market must have limited interaction with the rest of the economy. In general, these conditions cannot be met. First, the non-constancy of the elasticity of the demand function means that the size of the market depends on its structure and on the behaviour of its agents. Second, given differentiated products, the competitive relations between them will be heterogeneous, giving rise to as many market segments as there are individual products. Third, supply-side substitutability, i.e. the possibility of using a given technique to produce several products (not all in the same market ensures that intra-industry economic dynamics prevail over intra-market ones. Finally, multi-market contacts between firms generate overall strategic conduct, making analysis of any particular market irrelevant.  JEL Codes: K21, L40Keywords: Competition, Market, Antitrust, Elasticity of demand, Supply-side substitutability

  20. Standard review plan on antitrust reviews. Final report

    International Nuclear Information System (INIS)

    This standard review plan describes the procedures used by NRC staff to implement the antitrust review and enforcement provisions in Sections 105 and 186 of the Atomic Energy Act of 1954, as amended (the Act), and replaces NUREG-0970. These procedures are principally derived from the Commission's Rules and Regulations in 10 CFR Sections 2.101, 2.102, Part 2-Appendix A, Section X, 50.33a, 50.80, 50.90, and 52.77. These procedures set forth the steps and criteria the staff uses in antitrust reviews of construction permit applications, operating license applications, combined construction permit/operating license applications, combined construction permit/operating license applications, and applications for approval of the transfer of construction permits, operating licenses, and combined licenses. In addition, the procedures describe how the staff enforces compliance with antitrust conditions appended to licenses

  1. Playing by the rules. How Intel avoids antitrust litigation.

    Science.gov (United States)

    Yoffie, D B; Kwak, M

    2001-06-01

    Microsoft and Intel are both obvious targets for antitrust litigation; both wield considerable control in their respective segments of the computer industry. But while Mircrosoft has been mired in court for years now--its name and business practices dragged through the mud, and its very future as a single company thrown into doubt--Intel has avoided a prolonged, high-profile antitrust case. Intel's success is not a matter of luck. The company's antitrust compliance program, refined over many years, has been an integral element in the chip maker's business strategy. In this article, the authors suggest that Intel's approach to compliance provides a valuable model for any enterprise that may come under regulators' scrutiny. They describe how Intel created extremely conservative antitrust compliance standards and then instituted a series of unique training events that had active support from then--CEO Andy Grove and others in senior management. First, live training -- not just instructional pamphlets or videos -- was given to all affected employees. Those classes were followed by customized training programs for different parts of the company. Then, to drive antitrust awareness deeper into the company's memory, Intel carried out random audits of employees' files and conducted mock depositions. "It's fascinating to see," Grove says. "A memo is introduced into evidence and you shrug. You fully understand how that memo could be written. Moreover, you could have written it yourself. And then you see that memo turned into a tool and a weapon against you, in front of your eyes." Intel recognizes that no matter how cautious it is, it will always face extraordinary scrutiny as a market leader. But "since antitrust is embedded in everything we do," Grove says, "we can control our destiny." PMID:11408972

  2. Antitrust and the Real Estate Industry: Looking Backwards and Forwards

    OpenAIRE

    Thomas Brown; Whitney McCollum

    2008-01-01

    The U.S. Federal Trade Commission and the U.S. Department of Justice have pushed an antitrust enforcement agenda designed to reform the industry. In 2005, the DOJ’s Antitrust Division sued the National Association of Realtors. The FTC followed suit in 2006 by issuing a series of complaints against a number of real estate groups. Although they challenged slightly different policies, both agencies claimed that they were suing to protect new types of competition that had been stoked by the...

  3. Optimal enforcement of competition law

    NARCIS (Netherlands)

    Motchenkova, E.

    2005-01-01

    Despite the recent theoretical developments in the field of antitrust law enforcement, much still needs to be done in order to prevent collusion and price-fixing in the major indiustries. Although penalties were recently increased considerably and new instruments of cartel deterrence such as lenienc

  4. Law

    OpenAIRE

    Mathis, J.H.

    2012-01-01

    The World Trade Review asked distinguished scholars from the three different fields of economics (Pravin Krishna), political science (Edward D. Mansfield) and law (James H. Mathis) to independently review the WTO's annual World Trade Report for 2011, the theme of which is The WTO and Preferential Trade Agreements: From Co-Existence to Coherence.

  5. Change of Tone could help Google in European Antitrust Case

    OpenAIRE

    Petit, Nicolas

    2012-01-01

    For the past two years, Google has worked hard to avoid facing formal antitrust charges in Europe that could mean years of expensive litigation and encourage the authorities in other parts of the world to take comparable actions. Time is running out. The European Commission could bring charges against the U.S. company for abusing its dominance in the search and advertising market in the next few weeks.

  6. Beyond Schumpeter vs. Arrow: How Antitrust Fosters Innovation

    OpenAIRE

    Baker, Jonathan

    2007-01-01

    The relationship between competition and innovation is the subject of a familiar controversy in economics, between the Schumpeterian view that monopolies favor innovation and the opposite view, often associated with Kenneth Arrow, that competition favors innovation. Taking their cue from this debate, some commentators reserve judgment as to whether antitrust enforcement is good for innovation. Such misgivings are unnecessary. The modern economic learning about the connection between competiti...

  7. United States, Europe and Poland Different Stages of Antitrust Tying War in the New Economy

    Directory of Open Access Journals (Sweden)

    Mariusz SWORA

    2006-06-01

    Full Text Available Microsoft’s case has led to heated debates, both in Europe and the United States of America, on the abuse of the dominant position and on the prohibition of tying. This discussion, both in Europe and the United States, is not finished. In this article the author presents legal implications of tying products in Europe and Poland and confronts them with the American approach to tying. In Poland, a country with a fast developing economy, with the growing level of foreign investments, discussion on monopolist practices under the conditions of a fast technological development1 has not really commenced yet. The problems of innovation and development of New Economy undertakings has gained new impetus following Poland’s accession to the European Union. It is a matter of time when the anti-trust law begins to show interest in them. There are some indications that this has already taken place. In the first part of this article the author briefly presents the discussion related to Microsoft III case in the United States insofar as it pertains to New Economy issues. The second and third parts address legal and political aspects of the Microsoft case in the European Union. In the fourth part legal aspects related to tying practices in Poland are presented. The article aims to show that instrumental and mechanical treatment of tying practices used by firms having the market power under conditions of technological progress is not proper. The problem of antitrust analysis of such practices is universal, as universal as these practices are. However, the problem is solved differently in the United States and in Europe and the reasons for such a different approach are rooted in the legal system and policy enforcement. Microsoft antitrust is global. After US and European cases, Korean competition authority has found Microsoft guilty of tying practices2. Regarding Microsoft problems with tying it is necessary to ask the question whether tying practices are

  8. Injunctive Relief and Private Antitrust Enforcement

    OpenAIRE

    Peyer, Sebastian

    2011-01-01

    The paper analyses the role of injunctions in the private enforcement of competition law. Most commentators deal predominantly with damages actions and the European policy proposals only discuss the conditions for successful compensation claims. However, damages claims are likely to be the most expensive and time consuming remedy available. In many cases injunctive relief may be cheaper and, thus, be preferred by the victim. Asking the court to order the perpetrator to either cease from certa...

  9. Nuclear Regulatory Commission's antitrust review process: an analysis of the impacts

    International Nuclear Information System (INIS)

    The Nuclear Regulatory Commission's (NRC) antitrust process is reviewed and its impacts to small systems and applicant systems are studied. This process takes the form of a description of the NRC's antitrust review process as implemented, a generic categorization of potential impacts and individual case-by-case studies of four different utilities

  10. Alcuni recenti orientamenti interpretativi in tema di intersection fra PI e Antitrust

    Directory of Open Access Journals (Sweden)

    Gustavo Ghidini

    2015-10-01

    Full Text Available Recent decisions of the European Court of Justice (Astrazeneca and Italian Antitrust Authority (Pfizer suggest that even the mere acquisition – as distinguished from the exercise – of a patent (as any other IPR may amount to a misuse if the achievement thereof runs in contrast with the rules governing its entitlement; and, if the patent owner enjoys a dominant position, such patent misuse may translate into an abuse of said position under art. 102 TFEU. Cases of this type must be clearly distinguished from those where the patent has been legitimately/regularly obtained, and its holder exercises the ‘institutionally excluding’ related power against unauthorized third parties. In such cases, antitrust law comes in not to enforce a properly ‘abusive’ conduct, but to correct an objective market situation which has grown ‘excessively’ foreclosing competition – and this, thanks to the very success of the patent. A situation, and a legal solution, which bears a strong analogy of rationale with the one envisaged by art. 2597 of Italian civil code. Thus, that of ‘abuse’ is a general normative tool that is used both to adjudicate anti-competitive torts (as in the first case and to regulate an objective ‘close to monopoly’ situation occurred without any wrongdoing by the patent holder.The distinction is confirmed by the consequences. On one side, as in Astrazeneca and Pfizer, the patent holders are sanctioned (and their patent or CCP is subject to annulment; no compensation whatever of the patentee is thinkable. On the other side, in the case of the regular acquisition and intrinsically legitimate exercise of the IPR competition law imposes a duty to license it on FRAND terms: i.e., with compensation of the patent holder, fully retains his entitlement. Here, self-evidently, the patent holder has behaved lawfully -otherwise a compensation would be unthinkable! The ‘abuse’ may properly occur ex post, i.e. only if the holder

  11. European Economic Law: A Seminar

    OpenAIRE

    Pereira, Alexandre Libório Dias

    2004-01-01

    This paper addresses the legal framework of the internal market of the European Community, in special economic freedoms (free movement of goods, persons, services and capital) and their exceptions, as well as competition law concerns such as antitrust and cartels (the elimination of agreements which restrict competition - e.g. pricefixing agreements, or cartels, between competitors -, and of abuses by firms who hold a dominant position on the market), merger control (the control of mergers...

  12. No Such Thing as a Free Search: Antitrust and the Pursuit of Privacy Goals

    OpenAIRE

    Alec J. Burnside

    2015-01-01

    Privacy and Big Data present new permutations, but familiar antitrust disciplines can be applied to an economy where personal data rather than cash is the currency of payment. Alec J. Burnside (Cadwalader, Wickersham & Taft LLP)

  13. Interpreting the 1996 federal antitrust guidelines for physician joint venture networks.

    Science.gov (United States)

    Hirshfeld, E

    1997-01-01

    The Statements of Antitrust Enforcement Policy in Health Care, issued by the FTC and the DOJ, dramatically change how the agencies evaluate physician joint venture networks. This article analyzes the Statements, providing useful guidance to the health lawyer.

  14. Apples and Oranges: Comparing Assertions of SEPs and Differentiating Patents from an Antitrust Perspective

    OpenAIRE

    Jay Jurata; Adya Baker

    2015-01-01

    Avoiding confusion between SEPs and differentiating patents is critical to ensuring that the goals of both the antitrust and patent systems are achieved. Jay Jurata & Adya Baker (Orrick, Herrington & Sutcliffe LLP)

  15. Antitrust rules and Intellectual Property Rights in the EU and the US – Towards convergence?

    Directory of Open Access Journals (Sweden)

    Mario Todino

    2014-07-01

    Full Text Available In light of the exponential increase of the number of investigations raising the issue of how to reconcile competition rules and Intellectual Property Rights (IPRs, it is now clear that the area of Antitrust/IP intersection is becoming the battleground of antitrust enforcers around the Globe. In some areas inherently prone to market power accumulation, antitrust rules tend to clash with IPRs and prevail over the latter, for the intensity in the application of competition rules increasingly depends on the strength of the IPRs at stake, as well as on the sector involved. Information Communication Technology and Pharmaceuticals are the sectors most affected by this trend, as they both display specific market features calling for intensive antitrust scrutiny. Surprisingly enough, in these areas the EU and the US agencies are heading towards convergence, in light of the decisions taken in cases such as the judicial injunctions sought by FRAND-pledged SEPs holders and the reverse settlements in the Pharma sector. The purpose of this article is to show that in those areas more exposed to tension between antitrust and IP rules, there is an increasing level of convergence between the US and the EU. In particular, it is submitted that, like in the EU, the US is departing from the traditional symmetry principle under which antitrust rules are applied to IPRs exactly the same way as other property rights. In this new framework, inconsistency is more likely to come from the enforcement activity of NCAs across Europe.

  16. Joint ventures e a política antitruste brasileira

    Directory of Open Access Journals (Sweden)

    Ana Paula Avellar

    2012-12-01

    Full Text Available As políticas de defesa da concorrência integram atualmente o conjunto fundamental de instituições necessárias à promoção do crescimento e a busca das sociedades por arranjos mais eficientes. O presente trabalho tem como objetivo realizar uma análise da política antitruste brasileira concentrando-se no tratamento dado pelas autoridades à constituição de joint ventures. Na realização dessa tarefa, foram feitas revisões teóricas, constatações acerca dos procedimentos de autoridades internacionais sobre o assunto e um estudo empírico abordando casos julgados no Brasil entre os anos de 2002 e 2010. O resultado encontrado revela a inexistência de normatização específica para o tratamento das joint ventures no Brasil, culminando, assim, em uma relativa discricionariedade por parte dos órgãos do SBDC na análise desses atos.

  17. 45 CFR 30.3 - Antitrust, fraud, exception in the account of an accountable official, and interagency claims...

    Science.gov (United States)

    2010-10-01

    ... Justice returns a referred claim to the Department for further handling in accordance with parts 31 CFR... 45 Public Welfare 1 2010-10-01 2010-10-01 false Antitrust, fraud, exception in the account of an... AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS COLLECTION General Provisions § 30.3 Antitrust,...

  18. McCormack v. National Collegiate Athletic Association: College Athletics Sanctions from an Antitrust and Civil Rights Perspective.

    Science.gov (United States)

    Bhirdo, Kelly W.; And Others

    1989-01-01

    As a penalty for violations, the NCAA cancelled SMU's football program for 1987 and limited the 1988 season. An alumnus filed a class action alleging antitrust violations of price-fixing and group boycott. Issues of antitrust standing, violation and state action, and the court's handling of these issues are discussed. (Author/MLW)

  19. European Community law - energy law - commercial law. Europarecht, Energierecht, Wirtschaftsrecht; Festschrift fuer Bodo Boerner zum 70. Geburtstag

    Energy Technology Data Exchange (ETDEWEB)

    Baur, J.F. (ed.); Mueller-Graff, P.C. (ed.); Zuleeg, M. (ed.)

    1992-01-01

    The first section of the book, dedicated to EC law, presents among other things a contribution discussing the constitutional state and the power of the courts in EC member states to review the constitutionality, and a contribution on the current situation in connection with the principle of equality adopted by EC law. The section in energy law covers nine contributions, each of them having been prepared for separate retrieval from the data base, and which deal with such aspects as: the history of and changes undergone by EC energy law; the dogmatics of the energy law; framework conditions governing the international natural gas trade. The third section, General Commerical Law, deals among other things with general aspects such as the protection of property of a joint stock company being sold, or the European anti-trust law as a model for modifications of national law systems relating to restraint of competition. (HSCH)

  20. Why Law, Economics and Organization

    OpenAIRE

    Oliver E. Williamson

    2005-01-01

    It being the case that law and economics is a success story, what are the reasons to call upon organization? Three related reasons are advanced here. First, the orthodox theory of the firm-as-production function is self-limiting and needs, for some purposes, to be joined with the theory of the firm-as-governance structure. Organization theory makes essential contributions to that project. Second, such a move has lessons for public policy analysis. Earlier and ongoing errors in antitrust and ...

  1. Competition Law and High-Tech Markets : Conventional Antitrust Thinking Revisited?

    NARCIS (Netherlands)

    Ilan, Y.

    2007-01-01

    Knowledge-based industries, often labelled 'high-technology' or 'new economy' have grown in economic significance over the past few decades and have dramatically changed our living standards. These markets typically possess a range of common characteristics, most notably globalisation of businesses,

  2. Analysis of the Properties of Current Penalty Schemes for Violations of Antitrust Law

    NARCIS (Netherlands)

    Motchenkova, E.; Kort, P.M.

    2004-01-01

    The main feature of the penalty schemes described in current sentencing guidelines is that the fine is based on the accumulated gains from cartel or price-fixing activities for the firm.These gains are usually difficult to estimate, but they can be approximated by a fraction of the turnover.The regu

  3. ASSEMBLED PRODUCTS: THE KEY TO MORE EFFECTIVE COMPETITION AND ANTITRUST OVERSIGHT IN HEALTH CARE.

    Science.gov (United States)

    Sage, William M

    2016-01-01

    This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust enforcement will benefit health care consumers only if it accounts for the competitive distortions caused by the sector's long history of government regulation. Because of regulation, what pass for products in health care are typically small process steps and isolated components that can be assigned a billing code, even if they do little to help patients. Instead of further entrenching weakly competitive parties engaged in artificial commerce, antitrust enforcers and regulators should work together to promote the sale of fully assembled products and services that can be warranted to consumers for performance and safety. As better products emerge through innovation and market entry, competition may finally succeed at lowering medical costs, increasing access to treatment, and improving quality of care. PMID:27062731

  4. ASSEMBLED PRODUCTS: THE KEY TO MORE EFFECTIVE COMPETITION AND ANTITRUST OVERSIGHT IN HEALTH CARE.

    Science.gov (United States)

    Sage, William M

    2016-01-01

    This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust enforcement will benefit health care consumers only if it accounts for the competitive distortions caused by the sector's long history of government regulation. Because of regulation, what pass for products in health care are typically small process steps and isolated components that can be assigned a billing code, even if they do little to help patients. Instead of further entrenching weakly competitive parties engaged in artificial commerce, antitrust enforcers and regulators should work together to promote the sale of fully assembled products and services that can be warranted to consumers for performance and safety. As better products emerge through innovation and market entry, competition may finally succeed at lowering medical costs, increasing access to treatment, and improving quality of care.

  5. The Interface between EU Competition Law and Standard Essential Patents

    DEFF Research Database (Denmark)

    Lundqvist, Björn

    2015-01-01

    In this paper the recent ECJ judgment in Huawei is discussed in light of the earlier case law from the EU and the US. The Huawei case has been long awaited and many in academia hoped that it would finally deliver answers to if, when and on what terms access to so-called Standard Essential Patents...... would be granted under EU antitrust law. However, the question is whether Huawei is that case. On the contrary, it seems that the ECJ ruling gives room for speculation even in reference to core issues, some of which are dealt with in this paper....

  6. Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

    Directory of Open Access Journals (Sweden)

    Valentina Rucker

    2014-01-01

    Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

  7. Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

    Directory of Open Access Journals (Sweden)

    Valentina Rucker

    2015-02-01

    Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

  8. Sequential Versus Simultaneous Market Delineation: The Relevant Antitrust Market for Salmon

    DEFF Research Database (Denmark)

    Haldrup, Niels; Peter, Møllgaard

    Delineation of the relevant market forms a pivotal part of most antitrust cases. The standard approach is sequential. First the product market is delineated, then the geographical market is defined. Demand andsupply substitution in both the product dimension and the geographical dimension will...... normally be stronger than substitution in either dimension. By ignoring this one might decide first to define products narrowly and then to define the geographical extent narrowly ignoring the possibility of a diagonal substitution. These reflections are important in the empirical delineation of product...... and geographical markets. Using a unique data set for prices of Norwegian and Scottish salmon, we propose a methodology for simultaneous market delineation and we demonstrate that compared to a sequential approach conclusions will be reversed....

  9. Legally speaking: Federal Trade Commission issues positive advisory opinions on antitrust implications of clinical integration.

    Science.gov (United States)

    Wright, Robert

    2009-10-01

    From time to time, groups of physicians in an area may determine that they would benefit from "integrating" their practices into an IPA, PHO, or other joint venture. The anticipated benefits may include economies of scale, the ability to coordinate care between primary care physicians and specialists, providing disease management services for patients with certain conditions, or a myriad of other reasons. A key characteristic of these proposed integrated models is the ability for the group as a whole to negotiate with insurance companies and self-funded health care plans. When a group reaches the point of negotiating collectively for the fees that a pay- or is going to pay for various services throughout the plan, possible antitrust implications arise.

  10. J.P. MORGAN, THE CLAYTON ANTITRUST ACT, AND INDUSTRIAL FINANCE-CONSTRAINTS IN THE EARLY TWENTIETH CENTURY

    OpenAIRE

    Daniel C. Giedeman

    2004-01-01

    Restrictions on the American banking system in the early Twentieth Century affected the ability of commercial banks to provide financing to large industrial firms. Consequently, the investment and growth of these firms may have been finance-constrained. This paper examines the ability of J.P. Morgan & Company to alleviate finance-constrained investment and growth for firms with which it became affiliated. The paper also studies the impact of the Clayton Antitrust Act on the investment and...

  11. Law without Law

    OpenAIRE

    Sidharth, B. G.

    2007-01-01

    We consider a model for spacetime in which there is an ubiquitous background Dark Energy which is the Zero Point Field. This is further modeled in terms of a Weiner process that leads to a Random or Brownian characterization. Nevertheless we are able to recover meaningful physics, very much in the spirit of Wheeler's Law without Law, that is laws emerging from an underpinning of lawlessness.

  12. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  13. Economic and institutional dynamics of electricity markets deregulation: the interaction between sectoral regulation and antitrust policy

    International Nuclear Information System (INIS)

    The purpose of this study is to define regulatory intervention as a part of a global monitoring procedure allowing the definition and adaptation of market structures and rules, given the observed behavior of market participants. Nevertheless, the possible inefficiency in its (decisional) coordination with competition authorities implies further analysis. We thus adopt a comparative methodology based on the studying PJM and NETA wholesale markets. This analysis enables us to stress two possible 'models' in the distribution and coordination of monitoring powers. The first one privileges a strong 'informational coordination' between the sectoral regulator and the Transmission System Operator. By contrast, the second model is characterized by a constrained informational coordination, leading to a greater 'decisional convergence' between regulatory intervention and antitrust policy. Lastly, we put these conclusions into perspective with the specific issue of the achievement of an efficient and integrated European market for electricity. In particular, we stress the need for a single regulatory agency, which should be given autonomous decisional powers in the adoption of regional markets reform initiatives (author)

  14. Competition Law and IP Rights in Pharmaceuticals and Biotechnology (forthcoming)

    DEFF Research Database (Denmark)

    Lundqvist, Björn; Minssen, Timo; Pierce, Justin

    , the misuse of courts (or vexatious litigation) and, in general, the pharma companies alleged misuse of the regulatory system will be scrutinized. In addition, the growing phenomena co-marketing, co-promotion and co-branding will be analysed from an antitrust perspective. The parallel trade case law under EU.......g. on pricing and whom to supply and license, and not to supply and license. In practice the rules involve complicated assessments of, for example, market power and market effects. Therefore, pharma companies may find the lines between the legal and the illegal licensing practices and life cycle management...... of practitioners, researcher and students alike. It will address important competition law issues that arise where IP rights are acquired and utilised in Europe. It will contain a comprehensive analysis of EU case law, EU legislation and European Commission notices. A comparison will also be made with developments...

  15. 反垄断法律责任制度的多维目标探讨%On Multidimensional Objectives of Anti-monopoly Law Liability System

    Institute of Scientific and Technical Information of China (English)

    丁国峰; 翟学凤

    2012-01-01

    Building antitrust law liability system should both respond to the value objectives of antitrust law and set up the objectives of the responsibility system.It can make accountability of monopolistic behavior more scientifically and reasonably performed within the ambitious framework,avoid power abuse of the law-executors,and ensure the effective and uniform implementation of anti-monopoly law.The objectives set by the liability regime of antitrust law have multidimensionality and extensiveness,specifically should create the objectives from the five aspects of system objectives,economic objectives,social objectives,political objectives and cultural objectives so as to ensure the coordination and effectiveness in the implementation of antitrust liability system.%构建反垄断法律责任制度应回应反垄断法的价值目标,还应设置责任制度自身的目标,使得垄断行为的责任追究更能在宏大的框架内科学合理地行使,避免执法者的权力滥用,保障反垄断法实施的有效统一。反垄断法律责任制度设置的目标具有多维性和广泛性,具体应从制度目标、经济目标、社会目标、政治目标和文化目标等五个方面进行创设,确保反垄断法律责任制度实施的协调性和有效性。

  16. Environmental law

    International Nuclear Information System (INIS)

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST)

  17. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  18. Inexpressive Law

    OpenAIRE

    Carbonara, Emanuela; Parisi, Francesco; von Wangenheim, Georg

    2010-01-01

    According to expressive law theories, expression of values is an important function played by the law. Expressive laws affect behavior, not by threatening sanctions or promising rewards, but by changing individual preferences and tastes and, in some cases, by affecting social norms and values. New laws, however, can run against sticky social norms, failing to achieve their expressive effects. By developing a dynamic model, in this paper we show that inexpressive laws (laws whose expressive fu...

  19. Environmental law

    International Nuclear Information System (INIS)

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH)

  20. Limit laws for Zipf's law

    International Nuclear Information System (INIS)

    In this communication we establish stochastic limit laws leading from Zipf's law to Pareto's and Heaps' laws. We consider finite ensembles governed by Zipf's law and study their asymptotic statistics as the ensemble size tends to infinity. A Lorenz-curve analysis establishes three types of limit laws for the ensembles' statistical structure: 'communist', 'monarchic', and Paretian. Further considering a dynamic setting in which the ensembles grow stochastically in time, a functional central limit theorem analysis establishes a Gaussian approximation for the ensembles' stochastic growth. The Gaussian approximation provides a generalized and corrected formulation of Heaps' law. (fast track communication)

  1. Competition Law and the Nuclear Sector: An EU Outlook

    International Nuclear Information System (INIS)

    Competition law essentially aims at preventing harmful distortions of competition in the market which may be caused by agreements between companies, by the abusive behaviour of dominant companies, by structural changes in the market due to mergers or by state aid.1 However, often such practices and measures are actually necessary to render certain services viable, to obtain new or better products, to pursue other policies for the greater benefit of the collective, etc. Occasionally, this raises interesting issues in the nuclear sector. This paper aims to provide European competition law practitioners with a summary of the leading legal issues and precedents in this domain, alerting them to relevant specifics. It also aims to introduce nuclear lawyers to the reality and potential of antitrust enforcement in this sector. For the purposes of this paper, the 'nuclear sector' shall be broadly defined so as to include any activity which, given its link to nuclear energy or to ionizing radiation, is (at least partially) subject to special regulation under nuclear law. While many nuclear-related activities will not, in principle, require a special analysis beyond the usual parameters of competition law enforcement, others present distinct challenges to practitioners. Some of these challenges are specific to the European legal order and justify the restriction of the scope of this analysis to the European Union. That being said, the extensive harmonization of the national competition law of member states, as well as the fact that national competition authorities are required to enforce EU competition law, makes it advisable to look simultaneously at European-wide and national antitrust enforcement. The relationship between EU competition law and the nuclear sector remains somewhat shrouded in mystery - perhaps excessively so. The issue has been tackled to some extent in general works on competition law and energy law. As one would expect, research developed in the framework

  2. 职业体育市场结构及其反垄断问题研究%Professional Sports Market Structure and Antitrust Issues

    Institute of Scientific and Technical Information of China (English)

    魏鹏娟

    2013-01-01

      针对我国职业体育市场的垄断态势,有必要将职业体育运动明确纳入反垄断法调整范围,明确职业体育反垄断法的基本原则和豁免尺度,加快职业体育管理体制改革。%In view of the monopoly situation of professional sports market, it is necessary to explicitly incorporate professional sports to antitrust adjustment range, clear the basic principles and exemption scale of professional sports antitrust and accelerate professional sports management system reform.

  3. 反垄断视角下低碳技术领域的“疑似垄断行为”分析%Analysis of the Suspected Monopolistic Behavior for Low Carbon Technology under the Perspective of Antitrust

    Institute of Scientific and Technical Information of China (English)

    胡允银; 邓艺; 高玉梅

    2012-01-01

      Among all of the efforts combating climate change, technology innovation and technology transfer are the foundation and key support to cope with climate change. This article first discusses low carbon technology market, and then from the different perspectives of European Union law and the United States law, provides an overview on patented carbon sequestration technologies, Smart Grid standard setting, and patent pools such as the Eco Patent Commons and Green X-change. This research shows that most of the collaboration on low carbon technology occurred to date should be shielded from antitrust.%  应对气候变化的诸多努力之中,技术创新和技术转让是应对气候变化的基础和支撑。首先探讨了低碳技术市场力量,然后从欧盟法律和美国法律的不同视角对碳捕获技术许可、发展中的智能电网标准设定、生态专利共享池、绿色交换池等疑似垄断行为进行反垄断分析。研究指出,当前应对气候变化领域中的低碳专利技术合作大部分不应当受到反垄断谴责。

  4. Environmental law

    International Nuclear Information System (INIS)

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST)

  5. Laws Editorial

    Directory of Open Access Journals (Sweden)

    Lawrence O. Gostin

    2011-05-01

    Full Text Available My life’s work has positioned me in two diverse worlds’ one in science and one in law [1]. I publish in both fields, and the traditions are very different. Law journals typically have narrow readerships, principally those in the legal academy. The law review tradition, particularly in North America, is student edited, non-peer reviewed, and characteristically long and detailed. Law libraries often spend large portions of their budgets on journal subscriptions, which they store in scarce space. [...

  6. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  7. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  8. Case law

    International Nuclear Information System (INIS)

    This section treats of the two following case laws: Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; United States: Judgment of the Nuclear Regulatory Commission denying requests from petitioners to suspend final reactor licensing decisions pending the issuance of a final determination of reasonable assurance of permanent disposal of spent fuel

  9. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP)

  10. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.)

  11. Article 27 of Competition Law and What Lies Beneath

    Directory of Open Access Journals (Sweden)

    Perdana A. Saputro

    2011-09-01

    Full Text Available This article discuss about Article 27 of Law No. 5 Year 1999 on the Restriction of Monopoly Practices and Unfair Business Practices (“Competition Law”. One may wonder the rigorousness to the application of Article 27 which arguably could ban any merger which meets market test without conducting any competitive assessment. For this, the law has been presumed that the acquisition or controlling of large market share from merger is per se illegality. Further, the effects of Article 27 would be discussed in this paper. A merger review itself is not an easy task and tends to bring complex issues that one needs to be dealt with. Things get more complicated when one deals with the merger application in developing countries since there are various aspects that need to be taken account by the respective antitrust authority (including Indonesia Obviously, every country needs to set up its competition law in accordance with its own economic characteristics and conditions. Many have argued as to point out the severe condition in market as a result of high concentration of competition. But more of them argued otherwise, as it could positively pushed on the market. This article would also include best practices from US and EU competition law practices regarding the issue at hand, as well as the relationship of merger control and practices in developing countries. The article offers suggestion with regard to the current approach to Article 27 of the Competition Law and from EU and US best practice which could be used for the benefit of Indonesia’s competition law especially to the application of Article 27.

  12. Enlightenment of Theodore Roosevelt' s Antitrust Policy%西奥多·罗斯福的反垄断政策分析与启示

    Institute of Scientific and Technical Information of China (English)

    徐恺

    2012-01-01

    当前,我国石油、金融、电信等行业存在突出的垄断现象及由垄断衍生的各种腐败行为,在一定程度上造成国民经济的扭曲和收入分配的不公,严重影响了经济发展,破坏了社会公平与正义。西奥多.罗斯福任期内的反托拉斯改革措施举世瞩目,并卓有成效。分析罗斯福的反垄断政策,借鉴其经验,对我国反垄断具有一定的意义。%Now the monopoly in China economy, such as the monopoly in the oil industry, banking, telecommunications and other industries, and the corruption caused by the monopoly, lead to economic distortions and income distribution injustice, and have bad impact on the economic development, social fairness and justice. Theodore Roosevelt, the twenty - sixth President of the United States, took antitrust reform measures which attract attention, and was very fruitful. Analyzing the Roosevelt' s antitrust policy is helpful to draw lessons from the reform of antim- onopoly.

  13. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

  14. Criminal law

    International Nuclear Information System (INIS)

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.)

  15. A Relationship between Lotka's Law, Bradford's Law, and Zipf's Law.

    Science.gov (United States)

    Chen, Ye-Sho; Leimkuhler, Ferdinand F.

    1986-01-01

    A common functional relationship among Lotka's law, Bradford's law, and Zipf's law is derived. The proof takes explicit account of the sequences of observed values of the variables by means of an index. This approach results in a more realistic and precise formulation of each law. (Author/EM)

  16. Labour's law?

    OpenAIRE

    Jahn, Elke J.; Wagner, Thomas

    2001-01-01

    A cross section analysis of 23 OECD members shows that there is an „antagonistic” relationship between the legal protection of investor interests on the one hand and labour interests on the other: the stronger the legal protection of investor rights in a country, the less developed are the individual and collective rights of labour and vice versa. A main cause for a country's position with respect to this trade off is its type of legal system, specifically whether it belongs to the common law...

  17. Case law

    International Nuclear Information System (INIS)

    This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain

  18. lawstat: An R Package for Law, Public Policy and Biostatistics

    Directory of Open Access Journals (Sweden)

    Wallace Hui

    2008-01-01

    Full Text Available We present a new R software package lawstat that contains statistical tests and procedures that are utilized in various litigations on securities law, antitrust law, equal employment and discrimination as well as in public policy and biostatistics. Along with the well known tests such as the Bartels test, runs test, tests of homogeneity of several sample proportions, the Brunner-Munzel tests, the Lorenz curve, the Cochran-Mantel-Haenszel test and others, the package contains new distribution-free robust tests for symmetry, robust tests for normality that are more sensitive to heavy-tailed departures, measures of relative variability, Levene-type tests against trends in variances etc. All implemented tests and methods are illustrated by simulations and real-life examples from legal cases, economics and biostatistics. Although the package is called lawstat, it presents implementation and discussion of statistical procedures and tests that are also employed in a variety of other applications, e.g., biostatistics, environmental studies, social sciences and others, in other words, all applications utilizing statistical data analysis. Hence, name of the package should not be considered as a restriction to legal statistics. The package will be useful to applied statisticians and "quantitatively alert practitioners" of other subjects as well as an asset in teaching statistical courses.

  19. 高科技时代专利池许可的反垄断法规制研究%The Research on Antitrust Regulation of Patent Pool License in High-tech Area

    Institute of Scientific and Technical Information of China (English)

    韩其峰

    2014-01-01

    believes that the best way to solve problems is using the antitrust law to regulate the patent pool licensing reasonably. It can not only protect the technology innovation, but also encourage competition, guide the market economy into a good orbit, and it’s a hot topic in IT industry too. Common Law system and Civil Law system always pay attention to this issue in a high degree of enthusiasm and have accumulated rich experience in the long-term legal practice.This article will deeply analyze the anti-trust law regulation in patent pool license in the U.S. and EU,then absorb or discard them according to China's national conditions, and ultimately put forward a series of rationalization proposals for Chinese government’s decision.

  20. Case law

    International Nuclear Information System (INIS)

    Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

  1. Administrative Law: The Hidden Comparative Law Course.

    Science.gov (United States)

    Strauss, Peter L.

    1996-01-01

    Argues that the main contribution of the Administrative Law course to law students is that it presents problems which contrast with those of the standard court-centered curriculum and can illuminate other areas of law, repeatedly confronting students with doctrinal differences. Offers several examples from civil procedure, constitutional law, and…

  2. Fundamentals of the power economy law. The liberalization of the power industry and gas industry. 3. ed.; Grundzuege des Energiewirtschaftsrechts. Die Liberalisierung der Strom- und Gaswirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Theobald, Christian [Sozietaet Becker Buettner Held, Berlin (Germany); Deutsche Univ. fuer Verwaltungswissenschaften, Speyer (Germany); Nill-Theobald, Christiane [TheobaldConsulting, Berlin (Germany)

    2013-11-01

    The authors show how the legal reform leading to the deregulation of the electricity and gas supply grids has created true freedom of choice for customers as well as a practicable means of managing grid access for energy suppliers. They address recent developments following from the energy turnaround as well CO{sub 2} emission regulations and trading. Ultimately all private and governmental players of the energy economy are affected. The present fully revised, richly illustrated third edition of this fundamental publication gives an introduction into the large body of already known as well as into new issues of energy economy law, including: fundamentals of the energy sector; key points of the energy turnaround; purchase and sale of electricity and gas; regulatory regime; unbundling; terms of governmental regulation; surveillance of the energy sector; anti-trust and competition law; issues of environmental protection and energy efficiency; renewable energies; cogeneration law; ecotax legislation; consumer protection; and emission trade.

  3. Case Law

    International Nuclear Information System (INIS)

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

  4. Case law

    International Nuclear Information System (INIS)

    This article reviews the judgements and law decisions concerning nuclear activities throughout the world during the end of 1999 and the first semester 2000. In Belgium a judgement has allowed the return of nuclear waste from France. In France the Council of State confirmed the repeal of an authorization order of an installation dedicated to the storage of uranium sesquioxide, on the basis of an insufficient risk analysis. In France too, the criminal chamber of the French Supreme Court ruled that the production in excess of that authorized in the licence can be compared to carrying out operations without a licence. In Japan the Fukui district court rejected a lawsuit filed by local residents calling for the permanent closure, on safety grounds, of the Monju reactor. In the Netherlands, the Council of State ruled that the Dutch government had no legal basis for limiting in time the operating licence of the Borssele plant. In Usa a district court has rejected a request to ban MOX fuel shipment. (A.C.)

  5. Case law

    International Nuclear Information System (INIS)

    This section reports on 7 case laws from 4 countries: - France: Conseil d'Etat decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant; - Slovak Republic: New developments including the Supreme Court's judgment in a matter involving Greenpeace Slovakia's claims regarding the Mochovce nuclear power plant; New developments in the matter involving Greenpeace's demands for information under the Freedom of Information Act; - Switzerland: Judgment of the Federal Supreme Court in the matter of the Departement federal de l'environnement, des transports, de l'energie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Muehleberg nuclear power plant; - United States: Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing; Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as preempted by the Atomic Energy Act; Judgment of the NRC on transferring Shieldalloy site to New Jersey's jurisdiction

  6. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP)

  7. Case law

    International Nuclear Information System (INIS)

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant

  8. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

    This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of five primary fields of law: property law; liability for accidents; contract law; litigation; and public enforcement and criminal law. It also briefly considers some criticisms of the economic analysis of law.

  9. Law Enforcement Locations

    Data.gov (United States)

    Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

  10. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

    Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

  11. Case law

    International Nuclear Information System (INIS)

    The first point concerns the judgement of the federal Administration Court on the standing of third parties regarding attacks at interim storage facilities (2008). In its judgement handed down on 10. april 2008, the german Federal Administrative Court overrules a decision of a Higher Regional Administrative Court and declares that residents in the vicinity of an interim storage facility may challenge the licence for that facility on the grounds that the necessary protection has not been provided against disruptive action or other interference by third parties. The second point concerns the judgement of the European Court of justice of a member State to fulfill obligations under directive 96/29 EURATOM (2007): the united kingdom imposed to intervene only if a situation of radioactive contamination results from a present or past activity for the exercise of which a licence was granted. The national legislation does not oblige the authorities to take measures in circumstances in which radioactive contamination results from a past practice which was not the subject of a such licence. The United Kingdom Government admitted the validity of the Commission claims adding that further legislation to transpose that article (article 53) into national laws is in the process of being drawn up. The third point is relative to judgement of the US court of Appeals on licensing of the L.E.S. uranium enrichment facility (2007), on appeal to the Federal Court of Appeals for the district of Columbia, the joint petitioners objected to the Nuclear regulatory Commission (NRC) issuing to the Louisiana Energy Services, L.P. (L.E.S.) Uranium enrichment Facility in New Mexico on several grounds: the NRC violated the Atomic Energy Act by supplementing the environmental impact statement after hearing closed; the NRC violated the National Environmental Policy Act by insufficiently analysing the environmental impact of depleted uranium waste from the L.E.S. facility; the NRC violated the Atomic

  12. Tax Law System

    Science.gov (United States)

    Tsindeliani, Imeda A.

    2016-01-01

    The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

  13. AN UNPRECEDENTED LAW

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    On the eve of the 10th anniversary of Hong Kong’s return to China and the implementation of the Basic Law of the Hong Kong Special Administrative Region, Beijing Review reporter Li Li spoke to Professor Xu Chongde from the Law School of Renmin University of China, a Basic Law drafter, about how the law was created and its spirit.

  14. Law System in Japan

    OpenAIRE

    Andreea Lorena Ponaru

    2007-01-01

    This article attempts to present and explain the main features of the japanese law system. Japanese Law system was reformed during the domination of Tokugawa shogun family. In 1870, Foreign Governmental Systems Study Office was founded. By judicial sentences many french laws were introduced in Japanese law system. Roma-Tokyo-Berlin Alliance (1936) introduced a strong German influence in the law system. The Japanese judicial system has known five periods. In the first (1869-1888) were introduc...

  15. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  16. The Power of Law

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    China’s draft Energy Law is now under consideration China’s draft Energy Law has been submitted to the State Council’s Legislative Affairs Office and will be considered at this year’s executive meeting, said a key member of the expert panel drafting the law. If the law makes it through the council, the National People’s Congress (NPC), China’s supreme law-making body, will vote on it.

  17. 反垄断和反不正当竞争法之间的接口%The Interface between Anti-monopoly Law and Anti-Unfair Competition Law

    Institute of Scientific and Technical Information of China (English)

    伊姆加德・格里斯

    2015-01-01

    Anti-monopoly Law and Anti-unfair Competition Law is an integral part of the w hole sys-tem ,in order to protect the free and fair competition .The two fields of law are marked with Europe char-acteristics to regulate market behavior .Therefore ,there are inevitably overlaps .According to the case of the Supreme Court of Austria ,unlike the case of Germany ,the anti-trust violations also may be charged in reference to the general clause in Anti-unfair Competition Law .%反垄断和反不正当竞争法是一个整体系统的组成部分,以保护自由和公平竞争。这两个法域被打上欧洲性格,均规范市场行为。因此,存在不可避免的重叠。根据最高法院的判例,不像德国的判例那样,反垄断违规可以被检控《反不正当竞争法》的一般条款所指的违法。

  18. Factorisations of distributive laws

    OpenAIRE

    Kraehmer, Ulrich; Slevin, Paul

    2014-01-01

    Recently, Boehm and Stefan constructed duplicial (paracyclic) objects from distributive laws between (co)monads. Here we define the category of factorisations of a distributive law, show that it acts on this construction, and give some explicit examples.

  19. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

    Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

  20. A Healthy Law

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    The National People’s Congress(NPC)published China’s new draft Food Safety Law on April 20 for public discussion.The draft law covers food safety evaluation,monitoring, and recall and information release.

  1. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  2. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status. PMID:23262771

  3. Approaching comparative company law

    OpenAIRE

    Donald, David C.

    2008-01-01

    This paper identifies some common errors that occur in comparative law, offers some guidelines to help avoid such errors, and provides a framework for entering into studies of the company laws of three major jurisdictions. The first section illustrates why a conscious approach to comparative company law is useful. Part I discusses some of the problems that can arise in comparative law and offers a few points of caution that can be useful for practical, theoretical and legislative comparative ...

  4. Law of Demand

    OpenAIRE

    Michael Jerison; John K.-H. Quah

    2006-01-01

    We formulate several laws of individual and market demand and describe their relationship to neoclassical demand theory. The laws have implications for comparative statics and stability of competitive equilibrium. We survey results that offer interpretable sufficient conditions for the laws to hold and we refer to related empirical evidence. The laws for market demand are more likely to be satisfied if commodities are more substitutable. Certain kinds of heterogeneity across individuals make ...

  5. Environmental protection law; Umweltschutzrecht

    Energy Technology Data Exchange (ETDEWEB)

    Kloepfer, M. [Humboldt-Universitaet, Berlin (Germany)

    2008-07-01

    The author of the book under consideration reports on the entire environmental protection law in a systematic survey. The book attaches great importance to the presentation of the legal fundaments, the European legal background, to the constitutional law and considers the ministerial draft bill to the environmental law book. The book under consideration is addressed to students of the law as well as junior lawyers. It is suitable for the preparation on the examination.

  6. Behavioral Law and Economics

    OpenAIRE

    Christine Jolls

    2007-01-01

    Behavioral economics has been a growing force in many fields of applied economics, including public economics, labor economics, health economics, and law and economics. This paper describes and assesses the current state of behavioral law and economics. Law and economics had a critical (though underrecognized) early point of contact with behavioral economics through the foundational debate in both fields over the Coase theorem and the endowment effect. In law and economics today, both the end...

  7. Stochastic Conservation Laws?

    CERN Document Server

    Sidharth, B G

    1998-01-01

    We examine conservation laws, typically the conservation of linear momentum, in the light of a recent successful formulation of fermions as Kerr-Newman type Black Holes, which are created fluctuationally from a background Zero Point Field. We conclude that these conservation laws are to be taken in the spirit of thermodynamic laws.

  8. The Constitutional Law Sessions

    Science.gov (United States)

    White, Daniel O.

    1972-01-01

    Teachers, attorneys, and law educators met to evaluate 1971 workshops in law education and to plan improved learning experiences at future workshops. Coordination between substantive law sessions and teaching methodology sessions was cited as a major necessity. Teachers were encouraged to develop their own material. (JB)

  9. Contract law as fairness

    NARCIS (Netherlands)

    J. Klijnsma

    2015-01-01

    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is par

  10. Henry's Law: A Retrospective

    Science.gov (United States)

    Rosenberg, Robert M.; Peticolas, Warner L.

    2004-01-01

    A retrospective view of Henry's law and its applicability in any specific system at a finite concentration is tested. It can be concluded that Henry's law is only a limiting law and is adequate at low mole fractions but is useful for practical purposes where high precision is not required.

  11. European tax law

    NARCIS (Netherlands)

    B.J.M. Terra; P.J. Wattel

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC T

  12. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  13. Law of Empires.

    Science.gov (United States)

    Martz, Carlton

    2001-01-01

    This issue of "Bill of Rights in Action" explores issues raised by empires and imperial law. The first article, "Clash of Empires: The Fight for North America," looks at the clash of empires and the fight for North America during the 18th century. The second article, "When Roman Law Ruled the Western World," examines Roman Law, which helped hold…

  14. The Laws Are Yours.

    Science.gov (United States)

    Lawyers' Wives of Wisconsin, Racine.

    The pamphlet briefly describes various facets of the law and legal system in Wisconsin, and defines many legal terms. The objective is to further public understanding of the law and of the legal profession, particularly in Wisconsin. No attempt is made to answer specific legal questions. Sections cover civil and criminal law; the federal court…

  15. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

  16. Basic Law and Atomic Energy Law

    International Nuclear Information System (INIS)

    The author avails himself of the by now controversial jurisdiction on partial licences issued for nuclear power plants to argue relevant provisions of the Basic Law and to include facts which are related to the Basic Law. This is also necessary for reasons of social policy, since such a juridicial decision produces an effect which spreads far beyond the litigants. In a constitutional state that has to stand the test in the conflict arising between human rights and technical progress, the controversy on basic rights has to form a part of the trial and of the opinion. There are two sides to the rule of law: The citizen's obligation not to use violence, and his right to be strictly protected by the Basic Law. (HSCH)

  17. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  18. Statistical laws in linguistics

    CERN Document Server

    Altmann, Eduardo G

    2015-01-01

    Zipf's law is just one out of many universal laws proposed to describe statistical regularities in language. Here we review and critically discuss how these laws can be statistically interpreted, fitted, and tested (falsified). The modern availability of large databases of written text allows for tests with an unprecedent statistical accuracy and also a characterization of the fluctuations around the typical behavior. We find that fluctuations are usually much larger than expected based on simplifying statistical assumptions (e.g., independence and lack of correlations between observations).These simplifications appear also in usual statistical tests so that the large fluctuations can be erroneously interpreted as a falsification of the law. Instead, here we argue that linguistic laws are only meaningful (falsifiable) if accompanied by a model for which the fluctuations can be computed (e.g., a generative model of the text). The large fluctuations we report show that the constraints imposed by linguistic laws...

  19. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

    Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

  20. On Hack's Law

    Science.gov (United States)

    Rigon, Riccardo; Rodriguez-Iturbe, Ignacio; Maritan, Amos; Giacometti, Achille; Tarboton, David G.; Rinaldo, Andrea

    1996-11-01

    Hack's law is reviewed, emphasizing its implications for the elongation of river basins as well as its connections with their fractal characteristics. The relation between Hack's law and the internal structure of river basins is investigated experimentally through digital elevation models. It is found that Hack's exponent, elongation, and some relevant fractal characters are closely related. The self-affine character of basin boundaries is shown to be connected to the power law decay of the probability of total contributing areas at any link and to Hack's law. An explanation for Hack's law is derived from scaling arguments. From the results we suggest that a statistical framework referring to the scaling invariance of the entire basin structure should be used in the interpretation of Hack's law.

  1. The Main Law Systems

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The internal law of a State is the expression of the sovereign will of that Sate; however, thereare some features common to all law systems. The evolution of the society as a whole gave rise tointernational bodies (such as the European Union, through which the signatory countries haveassimilated certain unitary regulations in the internal law system. The origin of this law system is thelaw book of Justinian, during whose time the Roman law was codified. Thus, in the year 528 a. d.Justinian arranged the legal rules of those times in a unitary whole, adapted to the realities of those days.In our country, as per the fundamental law - the Constitution, the treaties and conventions ratified byRomania prevail in case of a conflict between them and the internal legislation regarding the humanrights.

  2. Zipf's law, power laws, and maximum entropy

    CERN Document Server

    Visser, Matt

    2012-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines - from astronomy to demographics to economics to linguistics to zoology, and even warfare. A recent model of random group formation [RGF] attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present article I argue that the cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  3. Zipf's law, power laws and maximum entropy

    Science.gov (United States)

    Visser, Matt

    2013-04-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  4. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of the concept of enjoyment is instructive, and looking at it more closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law....... In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

  5. Environmental law: Course

    OpenAIRE

    Малярчук, Назар Вікторович

    2013-01-01

    In this course we tried to shed some light on the most important issues of the environmental law: notion, subject, method, system and sources of environmental law, we revealed the context of government management in the field of the protection of environment, legal regulation of conducting environmental examination. The separate subjects determines legal regime of each environmental law objects: lands, water, mineral wealth, forests, air, flora and fauna, natural protection fund of Ukraine. ...

  6. The Functions of Law

    OpenAIRE

    Green, L

    1998-01-01

    We often think of law as fulfilling certain social functions; for instance, it is said to guide behaviour, maintain order, settle disputes, and provide benefits and services. In the social sciences, more general claims are also made that law stabilizes the dominant mode of production, promotes economic efficiency, secures patriarchy, and so on. 1 What do these claims mean, and what do they contribute to our understanding of law as a social institution? Those are the questions I want to explor...

  7. Law before Gratian

    DEFF Research Database (Denmark)

    This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

  8. CONSTANT ASPECTS OF LAW

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2011-04-01

    Full Text Available "Are we watching, in the succession of history, the appearance and disappearance of legal systems or assisting, in a greater or lesser extent, to what might be considered, in a sense, an evolution of those systems?"1 Law, indissolubly linked to the general evolution of society, has recorded a number of differences in time and space, both in terms of content of various types and positive law systems, and also in terms of forms that take the rules of law, authorities who have the ability to edict it or the procedure to be followed.Indeed, there is no law for all times and all places, as law is not an abstract product of our reason, it comes from the human experience, it is a product of history and that is why institutions of each society can only be different from one society to another.2 But, as in reality there are not quantities of history - many, little or very little - but just history3, we can say that in typology there is not socialist law absolutely different from bourgeois, feudal or slave law, so there is just law. By this approach, I wanted to bring back into question the existence of some factors of constancy in law, those "legal permanencies” investigated by Edmond Picard, believing that "there is something in the legal relationship that necessarily subsist anywhere”.4

  9. Labour Law in Denmark

    DEFF Research Database (Denmark)

    Hasselbalch, Ole

    . Sources of Labour Law Chapter 6. International Private Labour Law – Conflicts of Law Selected Bibliography Part I. The Individual Employment Relation Chapter 1. Definitions and Concepts Chapter 2. Rights and Duties of the Parties during Employment Chapter 3. Working Time, Annual Holidays, Public Holidays....... Strikes, Lock-outs and Other Legal Forms of Industrial Action Chapter 6. Settlement of Industrial Disputes of Interest and Protection of Vital Needs Chapter 7. Disputes of Rights Introductory Remarks Part I. Implementation into National Law Chapter 1. Legal Sources Chapter 2. Objective and Scope Chapter 3...

  10. Thinking law: thinking law in motion

    Directory of Open Access Journals (Sweden)

    Laura Beth Nielsen

    2014-07-01

    Full Text Available This essay argues that one way to “think law” is to think “law in motion”. I will argue that a “law in motion” perspective embodies four core elements or ‘multiplicities’ which are: (1 multiple methodologies; (2 multiple perspectives; (3 multiple vocalities; and (4 multiple media including objects. As will become evident by the number of inspiring colleagues that have articulated rationales and perspectives for each of these multiplicities, these are not original ideas for which I can claim credit. And yet, the attempt to put them together in a comprehensive schema with consideration for all four of the multiplicities in the same project, demonstrates that a law in motion perspective can bear new fruit. To do this, my article combines analysis of some of the research in Law & Society that exemplifies these trends and my own research on employment civil rights litigation to interrogate the necessity of a “multiple” approach for our “multiple futures.”

  11. Price abuse monitoring under paragraph 29 of the Law Against Restraints on Competition; Die Preismissbrauchskontrolle nach paragraph 29 GWB

    Energy Technology Data Exchange (ETDEWEB)

    Koleva, Raliza

    2013-08-01

    Written against the backdrop of criticism levelled at paragraph 29 of the Law Against Restraints on Competition (GWB) the present study undertakes a critical discussion of this legal norm along with questions and points of criticism that have been raised in its context in the literature and case law. It first addresses the central question as to whether paragraph 29 GWB conforms to the stipulations of European law and the German constitution. It then expounds the system behind paragraph 29 GWB, making a detailed examination of the individual elements of the offences covered by the regulation while giving thorough consideration to existing case law on instruments of price abuse monitoring that have been used to date under cartel law. A further focus of the present study is on the question as to what circumstances a supply company under suspicion of price abuse may claim in attempting to justify significant differences that have been found to exist between its own prices and those of a comparable company. This aspect is of great practical relevance in lawsuits concerning price abuse under cartel law, since the option of demonstrating justification is the most important line of approach for supply companies under suspicion of price abuse in attempting to fend off such allegations. Based on an analysis of past practice of the German Federal Cartel Office and the antitrust courts the author undertakes to determine a scale for assessing the costs which the responding supply company can claim in its defence. Finally she endeavours to methodologically capture the price limit concept, making proposals for its practical application with due consideration to the findings that have transpired from the study.

  12. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and prac

  13. Language and the Law.

    Science.gov (United States)

    Gibbons, John

    1999-01-01

    Discusses the language of law and its general interest to the field of applied linguistics. Specific focus is on legal language, the problems and remedies of legal communication (e.g., language and disadvantage before the law, improving legal communication) the legislation of language (e.g., language rights, language crimes), and forensic…

  14. Law Bankruptcy Legislation Passed

    Institute of Scientific and Technical Information of China (English)

    WANG PEI

    2006-01-01

    @@ After a 12-year journey of legislation, China's new corporate bankruptcy law - Law of the People's Republic of China on Enterprise Bankruptcy - was finally passed in late August. It will take effect from June 2007 and will put an end to policy bankruptcy for State-owned enterprises (SOEs) at the end of 2008.

  15. Lotka's Law Revisited.

    Science.gov (United States)

    Potter, William Gray

    1981-01-01

    Discusses the literature that has become associated with Lotka's Law of Scientific Productivity (a general theoretical estimate of author productivity in the sciences) and attempts to identify the important factors of Lotka's original methodology that should be considered when attempting to test applicability of Lotka's Law. Forty-seven references…

  16. Information Law and Copyright.

    Science.gov (United States)

    Marx, Peter A.

    1986-01-01

    Because of information law's inability to keep up with rapid changes in information technology and impreciseness of the law, copyrighting of databases poses unique problems. Interpretation of fair use doctrine, privately owned computer "downloading," impact of federal electronic filing, and questions concerning information businesses need to be…

  17. Law-Abiding Games

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating

  18. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  19. Teaching Information Technology Law

    Science.gov (United States)

    Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.

    2009-01-01

    In this paper we discuss an approach to the teaching of information technology law to higher education computing students that attempts to prepare them for professional computing practice. As information technology has become ubiquitous its interactions with the law have become more numerous. Information technology practitioners, and in particular…

  20. Women and Law

    Institute of Scientific and Technical Information of China (English)

    1997-01-01

    WOMEN’S rights concern the world over. Even though China has a different legal tradition and social system, participants from the Beijing Sino-British Women and Law Symposium discovered that both Chinese and foreign scholars could reach agreement and understanding on many issues. Enacting Laws for Women Professor Yang Dawen, from the

  1. F-rough law and the discovery of rough law

    Institute of Scientific and Technical Information of China (English)

    Qiu Jinming; Shi Kaiquan

    2009-01-01

    By using function one direction S-rough sets (function one direction singular rough sets), this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

  2. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  3. International resources law

    Energy Technology Data Exchange (ETDEWEB)

    1991-01-01

    This book covers: Historical origins of civil code legal systems; Modern civil law practice for mineral lawyers; Treaties and agreements for protection of international investments; Europe 1992-toward a single energy market; Dispute resolution in international agreements; Assessment of political risk; Reducing political risk; Protecting mineral investments from upheaval in developing countries; Typical world petroleum arrangements; government take in the Pacific Rim - Papua New Guinea; Mineral base of the USSR and prospects of investment; International taxation for the mining practitioner; Tax considerations - branch versus subsidiary; Doing business in the host country - nontax considerations; Impact of host-country laws on operations and profits; Mineral development and native rights - New Zealand; Designing the investment vehicle: mining; International oil and gas joint ventures; Selected U.S. laws with extraterritorial effect; U.S. tax and securities laws applied to foreign joint venturers; and Extraterritorial effect of U.S. laws.

  4. Laws of nature

    CERN Document Server

    Mittelstaedt, Peter

    2005-01-01

    The book is concerned with the laws of nature and in particular with the laws of physics. The authors discuss three important questions: First, whether the observed regularities are based on strict "laws of nature" that hold rigorously and without any exception. Second, what we call a "law of nature" is studied by comparing this concept with invariance principles, causality principles, teleological principles and means of predicting future events. Finally, on the basis of these investigations the authors treat the ambitious and intricate third question, why the laws of nature hold. Are there rational reasons for this largely unexplained phenomenon? This book addresses students as well as researchers. It will be an excellent reference for those interested in the philosophical foundations of the natural sciences.

  5. The impact of EU law on Belgian consumer law terminology

    NARCIS (Netherlands)

    Cauffman, C.

    2012-01-01

    The implementation of EU directives in the field of consumer law distorted the Belgian legal terminology. In particular, consumer law terminology often differs from civil law terminology. The meaning of traditional civil law concepts is no longer respected in the field of consumer law. Moreover, the

  6. Chemical Laws, Idealization and Approximation

    Science.gov (United States)

    Tobin, Emma

    2013-01-01

    This paper examines the notion of laws in chemistry. Vihalemm ("Found Chem" 5(1):7-22, 2003) argues that the laws of chemistry are fundamentally the same as the laws of physics they are all "ceteris paribus" laws which are true "in ideal conditions". In contrast, Scerri (2000) contends that the laws of chemistry are…

  7. Ceteris Paribus Laws and Minutis Rectis Laws

    OpenAIRE

    Fenton-Glynn, L.

    2016-01-01

    Special science generalizations admit of exceptions. Among the class of non-exceptionless special sciencegeneralizations, I distinguish (what I will call) minutis rectis (mr) generalizations from the more familiarcategory of ceteris paribus (cp) generalizations. I argue that the challenges involved in showing that mrgeneralizations can play the law role are underappreciated, and quite different from those involved inshowing that cp generalizations can do so. I outline a strategy for meeting t...

  8. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

    First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross......-border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law....

  9. Anomalous law of cooling

    Science.gov (United States)

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Rubí, J. Miguel; Oliveira, Fernando A.

    2015-03-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  10. Anomalous law of cooling

    International Nuclear Information System (INIS)

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton’s law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics

  11. Retrospectives: Say's Law

    OpenAIRE

    Baumol, William J.

    1999-01-01

    What is perhaps most curious about 'Say's law' is the continuing disagreement on its substance and to whom it should be credited. John Maynard Keynes summarized the law as 'supply creates its own demand' but it is now generally agreed that Keynes did not get it quite right. The author has been unable to ascertain who coined the term 'Say's law' but it appears to be a twentieth century appellation, preceding Keynes's use. John-Baptiste Say was certainly among the earlier writers to discuss the...

  12. Anomalous law of cooling

    Energy Technology Data Exchange (ETDEWEB)

    Lapas, Luciano C., E-mail: luciano.lapas@unila.edu.br [Universidade Federal da Integração Latino-Americana, Caixa Postal 2067, 85867-970 Foz do Iguaçu, Paraná (Brazil); Ferreira, Rogelma M. S., E-mail: rogelma.maria@gmail.com [Centro de Ciências Exatas e Tecnológicas, Universidade Federal do Recôncavo da Bahia, 44380-000 Cruz das Almas, Bahia (Brazil); Rubí, J. Miguel, E-mail: mrubi@ub.edu [Departament de Física Fonamental, Facultat de Física, Universitat de Barcelona, Av. Diagonal 647, 08028 Barcelona (Spain); Oliveira, Fernando A., E-mail: fernando.oliveira@pq.cnpq.br [Instituto de Física and Centro Internacional de Física da Matéria Condensada, Universidade de Brasília, Caixa Postal 04513, 70919-970 Brasília, Distrito Federal (Brazil)

    2015-03-14

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton’s law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  13. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should...... be the book within your reach. We call it “Our Corporate Bible”. In an easily comprehendible way we address some of the most essential issues of business law, and provide guidelines and clarity for understanding and proper application of the legal provisions that govern business law in Europe....

  14. F-generation law and recognition of system law

    Institute of Scientific and Technical Information of China (English)

    Shi Kaiquan; Yao Bingxue

    2007-01-01

    If a system is not disturbed (or invaded) by some law, there is no doubt that each system will move according to the expected law and keep stable. Although such a fact often appears, some unknown law breaks into the system and leads it into turbulence. Using function one direction S-rough sets, this article gives the concept of the F-generation law in the system, the generation model of the F-generation law and the recognition method of the system law. Function one direction singular rough sets is a new theory and method in recognizing the disturbance law existing in the system and recognizing the system law.

  15. Lawful Permanent Residents - Annual Report

    Data.gov (United States)

    Department of Homeland Security — A lawful permanent resident (LPR) or 'green card' recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  16. Causal Newton Gravity Law

    CERN Document Server

    Zinoviev, Yury M

    2012-01-01

    The equations of the relativistic causal Newton gravity law for the planets of the solar system are studied in the approximation when the Sun rests at the coordinates origin and the planets do not iteract between each other.

  17. Law Enforcement Plan

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — The Union Slough National Wildlife Refuge Law Enforcement Plan clarifies U.S. Fish and Wildlife enforcement policies as they apply to the Refuge. It provides...

  18. Law and technology

    International Nuclear Information System (INIS)

    The book presents the lectures and discussions of a symposium held in November 1984. The main themes of the lectures deal with the legal regulations for technological subjects, and their effects on the economy and society. Some papers discuss the legal provisions of this kind within the German law system, summarizing the regulations in force, and critically evaluating their efficiency. Others investigate the potentials and constraints of efforts towards harmonizing the variety of indefinite legal terms or concepts in the legal regulations of technological safety, and the problems created by such indefinite legal concepts with regard to constitutional law and legislation, or application of the law. Another main subject is the question of how technical safety regulations can be made more concrete, or the European law and its relevant regulations concerning technological subjects. Separate subject analyses of four papers have been made for the database. (HSCH)

  19. The "Natural Law Tradition."

    Science.gov (United States)

    Finnis, John

    1986-01-01

    A discussion of natural law outlines some of the theory and tradition surrounding it and examines its relationship to the social science and legal curriculum and to the teaching of jurisprudence. (MSE)

  20. Teaching Criminal Law.

    Science.gov (United States)

    Levin, Sandy

    1989-01-01

    Presents learning activities and resources for teaching senior level criminal law courses. Topics covered include arrest, search and seizure, bail, trial procedures, sentencing, and prisons. Objective is to encourage students to address societal issues. (LS)

  1. Health Law: Notifiable diseases

    Directory of Open Access Journals (Sweden)

    Gastón Casaux

    2014-07-01

    Full Text Available This work made up the ultimate Health Law, latest new law branch from older date in the whole world but recently appearance in our country. As usual in other cases, we increase one of de most relevant events: the endless number of diseases that we advise obligatory, because they have been regulated for consecutive by-laws en the codex from 1946, 1958 and 2004. Since 2012 in order of the successful transformations in the modern technology with the change of rules in our order-law, it was necessary to recall their contents and we achieve in order of the promulgation the decree number 41/12 dated in February 16. In the second chapter we analyse one of the most bothersome contents: the diseases becoming from the food habitudes (named eia´s, whatever we considered a real significance for the common of the citizens and consumers, because they prevail notoriously in the human health.

  2. Law And Economics In Germany

    OpenAIRE

    Kirstein, Roland

    1997-01-01

    Law and economics in Germany was dominated by regulation, competition, and ?German Ordnungspolitik? until the early 1970s. Since then, German scholars have published a broad body of work in German and in the English language, covering fields like contract law, environmental law, labor law, public law, bankruptcy law, constitutional economics and legal procedure. Also in the 1970s, teaching activities were started at German universities. In addition to this, several (bi)annual conferences on l...

  3. Law and individuality

    OpenAIRE

    D.F.M. Strauss

    2007-01-01

    The main contours of the history of philosophical and scientific conceptions of law and individuality are portrayed. This includes an account of perspectives and views found in ancient Greece, the Graeco-Roman world, the medieval speculation and, via the Renaissance, in early modern developments that were continued in the Enlightenment era, in Romanticism and historicism, and were eventually manifested in the linguistic turn. What is important for a proper understanding of modern law concepti...

  4. Artificial Inteligence and Law

    OpenAIRE

    Fuková, Kateřina

    2012-01-01

    Submitted diploma work Artificial Intelligence and Law deals with the rule of law and its position in the process of new advanced technologies in computer cybernetics and further scientific disciplines related with artificial intelligence and its creation. The first part of the work introduces the history of the first imagines about artificial intelligence and concerns with its birth. This chapter presents main theoretical knowledge and hypotheses defined artificial intelligence and progre...

  5. Free Bessel laws

    OpenAIRE

    Banica, Teodor; Belinschi, Serban; Capitaine, Mireille; Collins, Benoit

    2007-01-01

    We introduce and study a remarkable family of real probability measures $\\pi_{st}$, that we call free Bessel laws. These are related to the free Poisson law $\\pi$ via the formulae $\\pi_{s1}=\\pi^{\\boxtimes s}$ and $\\pi_{1t}=\\pi^{\\boxplus t}$. Our study includes: definition and basic properties, analytic aspects (supports, atoms, densities), combinatorial aspects (functional transforms, moments, partitions), and a discussion of the relation with random matrices and quantum groups.

  6. Conventional Constitutional Law

    OpenAIRE

    2015-01-01

    Judges share conventional understandings about what the Constitution requires, both of themselves and of other constitutional actors. These informal conventions lead to formal decisions, which are then centrally enforced by the state in the same manner as all other judicial decisions. This recognition of conventional constitutional law has three critical implications for our understanding, critique and reform of constitutional law. First, it is unlikely that judges will refer e...

  7. Anomalous law of cooling

    OpenAIRE

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Oliveira, Fernando A.; Rubí, J. Miguel

    2014-01-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergo a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature ma...

  8. The rule of law

    OpenAIRE

    Besnik Murati; Elmi Morina

    2015-01-01

    The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment...

  9. Environmental Law Survey 2013

    OpenAIRE

    2014-01-01

    Within the EGP Project “The Capacity Building of Environmental Justice and Guarding Environmental Rights in Western China”, the scholars of the University of Bologna, partner of the China University of Political Science and Law (CUPL) and its Center for Legal Assistance to Pollution Victims (CLAPV), have worked on an Environmental Law Survey so as to provide to the interested public –in particular, Chinese judges, lawyers, academics, and civil society as a whole – with the most interesting an...

  10. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

    Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

  11. GENERAL PRINCIPLES OF LAW

    Directory of Open Access Journals (Sweden)

    Elena ANGHEL

    2016-05-01

    Full Text Available According to Professor Djuvara “law can be a science, and legal knowledge can also become science when, referring to a number as large as possible of acts of those covered by law, sorts and connects them by their essential characters upon legal concepts or principles which are universally valid, just like the laws of nature”. The general principles of law take a privileged place in the positive legal order and represent the foundation of any legal construction. The essence of the legal principles resides in their generality. In respect of the term “general”, Franck Moderne raised the question on the degree of generality used in order to define a principle as being general – at the level of an institution, of a branch of the law or at the level of the entire legal order. The purpose of this study is to find out the characteristics of law principles. In our opinion, four characteristics can be mentioned.

  12. Comparative law as method and the method of comparative law

    NARCIS (Netherlands)

    Hage, J.C.; Adams, M.; Heirbaut, D.

    2014-01-01

    This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does compar

  13. On the Law in The Law of Life

    Institute of Scientific and Technical Information of China (English)

    黄婷

    2016-01-01

    This article discussed the two main laws in the novel, The Law of Life, written by the famous American realistic writer Jack London. The laws discussed in this article are Social Darwinism and Fatalism. By discussing those two laws, the article tries to look into the philosophy of life that Jack London trying to reveal in the novel.

  14. Consequences of Lotka's Law for the Law of Bradford.

    Science.gov (United States)

    Egghe, L.

    1985-01-01

    After discussion of the equivalency of the information laws of Bradford, Leimkuhler, Lotka, and Mandelbrot, aberrations from Leimkuhler's law (including "Groos droop" as encountered in practice) are studied. Other aberrations of Leimkuhler's law are explained, starting from generalization of verbal formulation of Bradford's Law. (18 references)…

  15. A Law and Economics View on Harmonization of Procedural Law

    NARCIS (Netherlands)

    L.T. Visscher (Louis)

    2010-01-01

    textabstractAbstract Even though there exists an extensive Law and Economics literature on the topics of procedural law and harmonization of law, very little has been written on harmonization of procedural law as such. In this paper I first provide a brief overview of the economic approach to legal

  16. A new German law

    International Nuclear Information System (INIS)

    A new law about the production of electricity came into effect last april in Germany. A renewable energy expert presents this law and its consequences to the electricity market. The previous EFL (electricity feed-in law, 1991) has greatly contributed to the development of wind energy during the last decade but a new law was necessary to comply with European regulations about free electricity market and with European Commission 's aim of doubling the contribution of renewable energies to the European energy balance by 2010. This law sets the purchase prices of electricity by delivery companies according to the renewable energy (wind, photovoltaic,biomass, biogas, mine gas and geothermal) and a compensation system has been thoroughly elaborated. At the end the customer will have to pay the bill but the price is reasonable, the extra-cost is expected to be somewhere between 35 and 70 French francs a year for each electricity consumer but with the perspective of a doubling of the contribution of renewable energies to the German electricity market between 1995 and 2010. (A.C.)

  17. Nurturing Respect for the Law.

    Science.gov (United States)

    Ioffe, M. G.

    1978-01-01

    Describes the content and methodology of elective courses which expand Soviet student's understanding of the Soviet state and the courts, the structure of power, and the basic rights and duties of the citizen. Courses in labor law, love and family law, criminal law, and constitutional law expand the current social studies curriculum. (KC)

  18. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII. The Const

  19. Fractal probability laws.

    Science.gov (United States)

    Eliazar, Iddo; Klafter, Joseph

    2008-06-01

    We explore six classes of fractal probability laws defined on the positive half-line: Weibull, Frechét, Lévy, hyper Pareto, hyper beta, and hyper shot noise. Each of these classes admits a unique statistical power-law structure, and is uniquely associated with a certain operation of renormalization. All six classes turn out to be one-dimensional projections of underlying Poisson processes which, in turn, are the unique fixed points of Poissonian renormalizations. The first three classes correspond to linear Poissonian renormalizations and are intimately related to extreme value theory (Weibull, Frechét) and to the central limit theorem (Lévy). The other three classes correspond to nonlinear Poissonian renormalizations. Pareto's law--commonly perceived as the "universal fractal probability distribution"--is merely a special case of the hyper Pareto class.

  20. Online Law Dictionaries

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2012-01-01

    Online dictionaries that assist users in writing legal texts in English as a foreign language are important lexicographic tools. They can help law students bridge the factual and linguistic gaps between the two legal universes involved. However, existing online law dictionaries with English...... in English as a foreign language. The function theory of lexicography offers an appropriate basis as it focuses on three key concepts: user needs, user competences, and user situations. It is proposed that online dictionaries should be designed to satisfy the lexicographically relevant user needs...... by containing the types of data that can best satisfy the needs of students at the three stages of legal text production: draft writing, revising and editing. The theoretical aspects discussed are supported by examples from the online CISG Dictionary, which is a lexicographic tool developed to help Danish law...

  1. The Arbitrbility of Antitrust Disputes in China:from a Comparative Law Perspective%从比较法的角度论我国反垄断争议的可仲裁性

    Institute of Scientific and Technical Information of China (English)

    杜新丽

    2008-01-01

    众所周知,可仲裁性的实质与公共政策相关,可仲裁性问题归根结底属于公共政策的范畴,一项争议依据某国既定法律能否提交仲裁程序解决取决于该国法律所确定的公共政策。缘于反垄断法是自由企业的大宪章(the Magna Carta of Free Enterprise),其对维护经济自由与企业制度的重要性如权利法案保护民众基本权利的重要性,由反垄断法产生的争议与市场竞争利益密切相关,更与国家管理市场、维护竞争秩序的公共政策息息相关;

  2. 试析国际反垄断法在WTO规则体系中的构建%A Trial Analisis of Constructing international Anti-Trust Law in WTO Rules System

    Institute of Scientific and Technical Information of China (English)

    石俭平

    2002-01-01

    进出口卡特尔、跨国公司滥用市场支配地位等跨境垄断行为的损害后果随着经济全球化的进程日益突现出来,传统的国内反垄断法在这方面的规制已显不足,因而需要进一步制定国际反垄断法.本文将主要论述国际反垄断法在WTO规则体系中构建的原因及作者对具体框架的一些初步构想.

  3. Technical rules in law

    International Nuclear Information System (INIS)

    An important source of knowledge for technical experts is the state of the art reflected by catalogues of technical rules. Technical rules may also achieve importance in law due to a legal transformation standard. Here, rigid and flexible reference are controversial with regard to their admissibility from the point of view of constitutional law. In case of a divergence from the generally accepted technical rules, it is assumed - refutably - that the necessary care had not been taken. Technical rules are one out of several sources of information; they have no normative effect. This may result in a duty of anyone applying them to review the state of technology himself. (orig.)

  4. The trespasses of property law.

    Science.gov (United States)

    Wall, Jesse

    2014-01-01

    The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

  5. Free movement of companies under company law, tax law and EU law

    DEFF Research Database (Denmark)

    Neville, Mette; Sørensen, Karsten Engsig

    2001-01-01

    Free movement of companies whereby they either transfers their de facto head office or their registered office from one member state to another is regulated by both company law, tax law and EU law. The interplay between these areas of law are analysed to determine whether such transfers are posible....

  6. Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

    DEFF Research Database (Denmark)

    Clausen, Nis Jul

    2011-01-01

    The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

  7. Law and individuality

    Directory of Open Access Journals (Sweden)

    D.F.M. Strauss

    2007-07-01

    Full Text Available The main contours of the history of philosophical and scientific conceptions of law and individuality are portrayed. This includes an account of perspectives and views found in ancient Greece, the Graeco-Roman world, the medieval speculation and, via the Renaissance, in early modern developments that were continued in the Enlightenment era, in Romanticism and historicism, and were eventually manifested in the linguistic turn. What is important for a proper understanding of modern law conceptions is an acknowledgement of the all-pervading influence of modern nominalism. This orientation was characterised by employing two related distinctions, namely the distinction between conceptual knowledge and concept-transcending knowledge, and that between rationalism and irrationalism. From a systematic point of view, various aspectual terms provide a frame of reference for the idea of a law of nature as a compound basic concept of science. Special attention is given to the nature of normative principles and physical laws. In the last part of the article, these perspectives are applied to a brief assessment of differences and similarities in the thought of Dooyeweerd and Vollenhoven.

  8. Law... For what?

    Directory of Open Access Journals (Sweden)

    Rodrigo Merino Barros

    2012-12-01

    Full Text Available This paper provides an overview of the work “El Derecho... ¿para qué?” of Jaime Baquero de la Calle. The overview analyzes the sources, the type of documents and examples that are used in it. Includes an explanation of the structure of the document, emphasizing the utility that provides this publication for students of law.

  9. Nuclear law in progress

    International Nuclear Information System (INIS)

    The 21. AIDN / INLA Congress was organized by the International Nuclear Law Association, in Buenos Aires, between the October 20 and 23, 2014. In this event, were presented almost 50 papers about these subjects: radioactive sources, safety and licensing, radioactive waste management, radiation protection, nuclear transport, security and non-proliferation, nuclear liability and insurance, etc.

  10. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

    Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren;

    2012-01-01

    -of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

  11. International institutional law

    CERN Document Server

    Schermers, Henry G

    1972-01-01

    In several respects the present study is an enlargement of a former analysis about the specialized agencies of the United Nations to more organisations and into further detail. In particular the creation of the European Communities, adding new aspects to international institutional law, have received attention.

  12. Laws of emotion

    NARCIS (Netherlands)

    N.H. Frijda

    2006-01-01

    The Laws of Emotion is an accessible new book that reviews much of the insightful new research on emotions conducted over the last ten years. It expands on the theory of emotions introduced in Nico Frijda's earlier work, and addresses a number of unanswered, basic problems on emotion theory. The aut

  13. Around the circular law

    CERN Document Server

    Bordenave, Charles

    2011-01-01

    These expository notes are centered around the circular law theorem, which states that the empirical spectral distribution of a n \\times n random matrix with i.i.d. entries of variance 1/n tends to the uniform law on the unit disc of the complex plane as the dimension n tends to infinity. This phenomenon is the non-Hermitian counterpart of the semi circular limit for Wigner random Hermitian matrices, and the quarter circular limit for Marchenko-Pastur random covariance matrices. We present a proof in a Gaussian case, due to Silverstein, based on a formula by Ginibre, and a proof of the universal case by revisiting the approach of Tao and Vu, based on the Hermitization of Girko, the logarithmic potential, and the control of the small singular values. Beyond the finite variance model, we also consider the case where the entries have heavy tails, by using the objective method of Aldous and Steele borrowed from randomized combinatorial optimization. The limiting law is then no longer the circular law and is relat...

  14. Constitutional Law--Elective.

    Science.gov (United States)

    Gallagher, Joan; Wood, Robert J.

    The elective unit on Constitutional Law is intended for 11th and 12th grade students. The unit is designed around major course goals which are to develop those concepts whereby students recognize and understand the following three topic areas: 1) Role of the Federal Judicial Branch of Government, 2) Supreme Court Cases Involving the Three Branches…

  15. European media law

    NARCIS (Netherlands)

    O. Castendyk; E. Dommering; A. Scheuer

    2008-01-01

    European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual Medi

  16. Laws for children

    Institute of Scientific and Technical Information of China (English)

    余生泽

    2002-01-01

    Laws(法律)for children are good things one hundred years ago in some countries,children worked eighteen hours a day in a factory_____age seven the factory owner could beat a child_____fell asleep or was not fast enough______parents add teacher could do the same.

  17. Public Relations & the Law.

    Science.gov (United States)

    Walsh, Frank

    This monograph synthesizes the laws and regulations that form the basis of the right to representation in the court of public opinion by all who would seek to influence public and private decisions. It expresses the framework of human and social values that underlie this constitutional freedom and that give public relations and other management…

  18. Rule of Law

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    China establishes a comprehensive socialist legal system The Standing Committee of the National People’s Congress (NPC),China’s top legislature,adopted an amendment to the Criminal Law at a bimonthly session in February,reducing the number of capital punishment by 13 to 55.

  19. Energy and Environmental Law

    International Nuclear Information System (INIS)

    The importance of a comprehensive, efficient and safe electric power supply is beyond question. The energy issue represents, particularly in Europe which is poor in natural resources, one of the central challenges of this young century. It undoubtedly has to be solved, but not independent of other geopolitical challenges like especially environmental problems. In view of ongoing climate change, melting ice caps and expansion of desert areas , an energy policy can not be operated (any more) without regard to environmental law aspects. Based on the available network of the different jurisdictions and the increasing number of environmentally relevant energy standards an integrative approach is obvious. Even in the development of the electricity industry it can be seen that the trend in Europe is characterized by a growing environmental awareness. Accompanying this, the liberalization of energy markets and the growing demand in the energy sector led to a realignment of the global energy market. At union legal level the development of an independent environmental law took place in the recent years. Be it the Alpine Convention, Natura 2000 or the Water Framework Directive: all are detached from a purely economic point of view and concerned with the protection of the environment. The claim for the future is a sustainable energy supply. This paper attempts to present a comprehensive system of energy environmental law. The guiding question was therefore the question of whether or to what extent there is a coherent system of energy environmental law. (Kancsar)

  20. Evolution and the Law

    Science.gov (United States)

    Mayer, William V.

    1973-01-01

    Some court cases and legislative bills have been filed in states to legalize the use of the creationist view (of life forms on earth) in biology textbooks superseding the organic theory of evolution. The law has not yet accepted the religious viewpoint. (PS)

  1. Modification of Fick's law

    International Nuclear Information System (INIS)

    In the presence of long-time memory effects, Fick's law must be modified by replacing the diffusion coefficient by a convolution over time of the velocity autocorrelation function. This leads to a convergent Chapman-Enskog expansion in a fluid provided the proper reference frame is taken in the presence of hydrodynamic motion

  2. Law and the Consumer.

    Science.gov (United States)

    Idleman, Hillis K.

    One of eleven modules developed for secondary school consumer education, this document emphasizes the need of the consumer, especially the disadvantaged consumer, to understand the law and the protection it can offer. The material is presented in three columns: understandings (usually formulated as questions followed by commentary), suggested…

  3. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  4. Archie's law - a reappraisal

    Science.gov (United States)

    Glover, Paul W. J.

    2016-07-01

    When scientists apply Archie's first law they often include an extra parameter a, which was introduced about 10 years after the equation's first publication by Winsauer et al. (1952), and which is sometimes called the "tortuosity" or "lithology" parameter. This parameter is not, however, theoretically justified. Paradoxically, the Winsauer et al. (1952) form of Archie's law often performs better than the original, more theoretically correct version. The difference in the cementation exponent calculated from these two forms of Archie's law is important, and can lead to a misestimation of reserves by at least 20 % for typical reservoir parameter values. We have examined the apparent paradox, and conclude that while the theoretical form of the law is correct, the data that we have been analysing with Archie's law have been in error. There are at least three types of systematic error that are present in most measurements: (i) a porosity error, (ii) a pore fluid salinity error, and (iii) a temperature error. Each of these systematic errors is sufficient to ensure that a non-unity value of the parameter a is required in order to fit the electrical data well. Fortunately, the inclusion of this parameter in the fit has compensated for the presence of the systematic errors in the electrical and porosity data, leading to a value of cementation exponent that is correct. The exceptions are those cementation exponents that have been calculated for individual core plugs. We make a number of recommendations for reducing the systematic errors that contribute to the problem and suggest that the value of the parameter a may now be used as an indication of data quality.

  5. Environmental law. 3. rev. ed.

    International Nuclear Information System (INIS)

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.)

  6. Hubble's Law Implies Benford's Law for Distances to Galaxies

    Science.gov (United States)

    Hill, Theodore P.; Fox, Ronald F.

    2016-03-01

    A recent article by Alexopoulos and Leontsinis presented empirical evidence that the first digits of the distances from the Earth to galaxies are a reasonably good fit to the probabilities predicted by Benford's law, the well known logarithmic statistical distribution of significant digits. The purpose of the present article is to give a theoretical explanation, based on Hubble's law and mathematical properties of Benford's law, why galaxy distances might be expected to follow Benford's law. The new galaxy-distance law derived here, which is robust with respect to change of scale and base, to additive and multiplicative computational or observational errors, and to variability of the Hubble constant in both time and space, predicts that conformity to Benford's law will improve as more data on distances to galaxies becomes available. Conversely, with the logical derivation of this law presented here, the recent empirical observations may be viewed as independent evidence of the validity of Hubble's law.

  7. Discrete power law with exponential cutoff and Lotka's Law

    CERN Document Server

    Smolinsky, Lawrence

    2015-01-01

    The first bibliometric law appeared in Alfred J. Lotka's 1926 examination of author productivity in chemistry and physics. The result is that the productivity distribution is thought to be described by a power law. In this paper, Lotka's original data on author productivity in chemistry is reconsidered by comparing the fit of the data to both a discrete power law and a discrete power law with exponential cutoff.

  8. LAW 575 UOP Course Tutorial / Tutorialoutlet

    OpenAIRE

    roster

    2015-01-01

    For more course tutorials visit www.tutorialoutlet.com   LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week 3 Formative Assessment, Learning Team Reflection ...

  9. European Asylum Law : and its Relation to International Law

    NARCIS (Netherlands)

    Battjes, H.

    2006-01-01

    In Chapter 1 I introduce the question of enquiry, the relation between Community and international law on asylum. Further, I sketch the content of the Refugee Convention, other relevant international law, the historical background of current Community asylum law (i.e. the asylum acquis from before 2

  10. The Teaching of Constitutional Law in American Law Schools.

    Science.gov (United States)

    Haimbaugh, George D., Jr.

    1981-01-01

    A survey of the teaching of constitutional law used questionnaires sent to the dean of every law school approved by the Association of American Law Schools or the American Bar Association. Responses describe the basic course, advanced courses and seminars, teachers, goals, and examinations. (MLW)

  11. The criminal law responsibility of officials under environmental criminal law

    International Nuclear Information System (INIS)

    The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW)

  12. Teaching "Law and Education" Outside the Law School.

    Science.gov (United States)

    Simpson, Robert J., Ed.

    A symposium discussion is presented on the topic, "Teaching 'Law and Education' Outside the Law School." The participants were: Walter J. McCann of Harvard Graduate School of Education; E. Edmund Reutter, Jr., of Teachers College of Columbia University; Robert J. Simpson of University of Miami Center for Policy and Law in Education; Tyll Van Geel…

  13. International health law : an emerging field of public international law

    NARCIS (Netherlands)

    Toebes, Brigit

    2015-01-01

    This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent ne

  14. Bayes and the Law

    Science.gov (United States)

    Fenton, Norman; Neil, Martin; Berger, Daniel

    2016-01-01

    Although the last forty years has seen considerable growth in the use of statistics in legal proceedings, it is primarily classical statistical methods rather than Bayesian methods that have been used. Yet the Bayesian approach avoids many of the problems of classical statistics and is also well suited to a broader range of problems. This paper reviews the potential and actual use of Bayes in the law and explains the main reasons for its lack of impact on legal practice. These include misconceptions by the legal community about Bayes’ theorem, over-reliance on the use of the likelihood ratio and the lack of adoption of modern computational methods. We argue that Bayesian Networks (BNs), which automatically produce the necessary Bayesian calculations, provide an opportunity to address most concerns about using Bayes in the law. PMID:27398389

  15. The generalized distributive law

    OpenAIRE

    Aji, Srinivas M.; McEliece, Robert J.

    2000-01-01

    We discuss a general message passing algorithm, which we call the generalized distributive law (GDL). The GDL is a synthesis of the work of many authors in information theory, digital communications, signal processing, statistics, and artificial intelligence. It includes as special cases the Baum-Welch algorithm, the fast Fourier transform (FFT) on any finite Abelian group, the Gallager-Tanner-Wiberg decoding algorithm, Viterbi's algorithm, the BCJR algorithm, Pearl's “belief propagation” alg...

  16. Ethics and Law

    Science.gov (United States)

    Vilacoba Ramos, Andrés

    2007-04-01

    Ethics are the set of moral rules that govern human conduct. Hegel, for his part, asserted that ethicity implied the full realization of freedom, as well as the suppression of it as arbitrariness. In this paper, we point out that, through the relation between Law and Ethics, we can discover how high are the Ethics of a society, as well as the adherence of its members to it.

  17. Corporate Law's Limits.

    OpenAIRE

    Roe, Mark J.

    2002-01-01

    A strong theory has emerged that the quality of corporate law in protecting distant shareholders primarily determines whether ownership and control separate. The theory helps to convincingly explain why separation is weak in transition and developing nations. But in several rich nations, although legal structures as measured protect shareholders well, separation is shallow. Something else has impeded separation. Separation should be narrow if shareholders face high managerial agency costs if ...

  18. Behavioral Law & Economics

    OpenAIRE

    Tomasz Nieborak

    2012-01-01

    Issues concerning the regulation aspects of financial markets are not simple. One of the reasons for this is that a great number of detailed factors have an effect, for example, the trust of the consumers of financial services or their behavior. The paper analyses the most important of them, and issues related to them, from a legal point of view, with the main objective of presenting the basic assumptions of the behavioral Law & Economics theorem. Dynamic development of financial markets and ...

  19. Sovereignty in International Law

    Directory of Open Access Journals (Sweden)

    Jana MAFTEI

    2015-03-01

    Full Text Available We aimed at highlighting in this paper, after analyzing the transformations that took place in the international society, the importance of a particularly sensitive and current topic for public international law, namely the sovereignty. A political and legal concept at the same time, the state sovereignty remains permanently into the attention of researchers in an attempt to determine its role in international relations governed by the international law. The concept of sovereignty is complex, it can be analyzed in terms of the national law, but as a member of international society, a State participates in international relations on the basis of sovereign equality principle, which causes another meaning of sovereignty, which completes the one specific to the internal life. We have analyzed the evolution of the concept of sovereignty and we have identified the causes that led to changes in its characteristics, in order to predict the tendencies in its development. We have highlighted the aspects of the exercise of sovereignty as a result of limiting the powers of state in the favor of international bodies. In preparing this article we have used as research methods the analysis of the problems generated by mentioned subject with reference to the doctrinal views expressed in specialized papers, documentary research, and interpretation of legal norms in the field.

  20. Sexuality and the law.

    Science.gov (United States)

    Portelli, C J

    1998-01-01

    Federal, state, and local laws in the US now govern almost every aspect of sexuality. This includes sexuality at the workplace, sexuality education, adolescent sexuality, access to sexuality information and sexually explicit materials, sexual orientation, and sexually transmitted disease(STD)/HIV transmission. Almost 33% of the US Supreme Court's docket this past term concerned sexuality issues. In contrast to 50 years ago, when sexuality law was confined to the criminal arena, contemporary "sex crimes" primarily relate to nonconsensual and exploitative behaviors. It is time for lawmakers, judges, lawyers, policy analysts, lobbyists, and advocates to realize they cannot legislate or litigate how, when, or why people fall in love. Rather, the role of the law should be to create and preserve models of justice and equality that seek to preserve one's individual rights to privacy and freedom to choose in matters related to one's sexuality. This includes free access to age-appropriate sexuality information, the right to marriage and children regardless of sexual orientation, comprehensive sexuality education that encompasses information about avoiding unwanted pregnancies and HIV/STDs, access to contraception and abortion, protection from sexually abusive or exploitative relationships, and access to sexual health care. PMID:12295182

  1. Henry's Law and Noisy Knuckles.

    Science.gov (United States)

    Kimbrough, Doris R.

    1999-01-01

    Discusses Henry's Law which describes the relationship between the pressure of gas and the concentration of that gas in a solution. Presents an application of Henry's Law to the cracking of knuckles. (CCM)

  2. Turning around Newton's Second Law

    Science.gov (United States)

    Goff, John Eric

    2004-01-01

    Conceptual and quantitative difficulties surrounding Newton's second law often arise among introductory physics students. Simply turning around how one expresses Newton's second law may assist students in their understanding of a deceptively simple-looking equation.

  3. Imunidade antitruste às Ações Governamentais no contexto da desregulação do setor de telecomunicações: uma análise a partir do julgamento do caso VU-M pelo CADE

    Directory of Open Access Journals (Sweden)

    Deborah Batista Caixeta

    2014-05-01

    Full Text Available Propósito – O objetivo deste ensaio é examinar a postura adotada pelo CADE com relação às medidas regulatórias adotadas pela ANATEL na fixação do valor de interconexão de rede (VU-M, sob a perspectiva da State Action Doctrine no contexto da desregulação do setor de telecomunicações. Metodologia/abordagem/design – O texto propõe uma abordagem relativa às teorias de desregulação do setor de telecomunicações e o impacto que as decisões da autoridade antitruste de isenção concorrencial possuem neste movimento, a partir da análise do caso VU-M recentemente julgado pelo CADE. Resultados – A concessão de isenções antitruste pelo CADE ainda parece seguir a tradicional aplicação da State Action Doctrine centrada na teoria regulatória do interesse público e, consequentemente, a extrema confiança na atuação da agência acaba dificultando o processo de desregulação, principalmente no setor de telecomunicações, notadamente marcado pela antiga estrutura regulatória oligopolista. Implicações práticas – Busca-se, por meio desta análise crítica, oferecer uma abordagem introdutória que possa ser aplicada posteriormente para rediscutir os limites de aplicação da lei de defesa da concorrência a situações acobertadas por medidas regulatórias setoriais. Originalidade/relevância do texto – O ensaio identifica os elementos que se aplicam na dinâmica de interação entre regulação concorrencial e a regulação setorial, a ponto de permitir que a tradicional estrutura de aplicação das normas de concorrência a estes setores possa ser redesenhada para incorporar os objetivos perseguidos pelo movimento de desregulação, no caso, do setor de telecomunicações.

  4. Law and Investment in Africa

    OpenAIRE

    Simplice A, Asongu

    2011-01-01

    Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...

  5. Law and technology security standard

    OpenAIRE

    Kitahara, Munenori

    2012-01-01

    The author will deal with the relationship between law and technology from the viewpoint of technology security standard. One of the relationships can be found in that law has been providing a security level of technology. They have been saying that law would often follow technology. Law is too slow to adapt the changing technology through the advancement of technology. Above all, information technology has an electronic rapidity and a legislation technology has a paper one. There might be a ...

  6. Hubble's Law Implies Benford's Law for Distances to Stars

    CERN Document Server

    Fox, Ronald F

    2014-01-01

    A recent article by Alexopoulos and Leontsinis presented empirical evidence that the distances to stars listed in the 2011 HYG database "follow well the probabilities predicted by Benford's law", the well known logarithmic statistical distribution of significant digits. The purpose of the present article is to give a theoretical explanation, based on Hubble's law and mathematical properties of Benford's law, why star distances might be expected to follow Benford's law. Conversely, with the logical derivation given here, the empirical observations may be viewed as new independent evidence of the validity of Hubble's law.

  7. Scaling Laws in Gravitational Collapse

    CERN Document Server

    Cai, Rong-Gen

    2015-01-01

    This paper presents two interesting scaling laws, which relate some critical exponents in the critical behavior of spherically symmetric gravitational collapses. These scaling laws are independent of the details of gravity theory under consideration and share similar forms as those in thermodynamic and geometrical phase transitions in condensed matter system. The properties of the scaling laws are discussed and some numerical checks are given.

  8. Reordering American Constitutional Law Teaching.

    Science.gov (United States)

    Gerber, Scott D.

    1994-01-01

    Maintains that constitutional law is the cornerstone of an undergraduate public law curriculum. Asserts that there is a welcome trend toward teaching the subject over a two-semester sequence, instead of only one. Describes course content and teaching strategies used in a college constitutional law course. (CFR)

  9. Tax Breaks for Law Students.

    Science.gov (United States)

    Button, Alan L.

    1981-01-01

    A guide to federal income tax law as it affects law students is presented. Some costs that may constitute valuable above-the-line deductions are identified: moving expenses, educational expenses, job-seeking expenses, and income averaging. Available from Washington and Lee University School of Law, Lexington, VA 24450, $5.50 sc) (MLW)

  10. MOND laws of galactic dynamics

    OpenAIRE

    Milgrom, Mordehai

    2012-01-01

    MOND predicts a number of laws that galactic systems should obey irrespective of their complicated, haphazard, and mostly unknowable histories -- as Kepler's laws are obeyed by planetary systems. The main purpose of this work is to show how, and to what extent, these MOND laws follow from only the paradigm's basic tenets: departure from standard dynamics at accelerations a

  11. Estimation in the Power Law.

    Science.gov (United States)

    Thomas, Hoben

    1981-01-01

    Psychophysicists neglect to consider how error should be characterized in applications of the power law. Failures of the power law to agree with certain theoretical predictions are examined. A power law with lognormal product structure is proposed and approximately unbiased parameter estimates given for several common estimation situations.…

  12. Accommodating Law Faculty with Disabilities.

    Science.gov (United States)

    Tucker, Bonnie Poitras; Smith, Joseph F., Jr.

    1996-01-01

    The obligations of law schools, under federal law, to accommodate faculty with disabilities are examined. Employment provisions of the 1990 Americans with Disabilities Act and the Rehabilitation Act of 1973 and the definition of a disabled individual are reviewed, and real and hypothetical scenarios in hiring and employing law teachers are…

  13. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

  14. Data law, a special regulation

    OpenAIRE

    Ochoa, Nicolas

    2014-01-01

    I noticed during the last years of my research that when it comes to data law, people are only interested into data protection, human rights etc.As a result, data law is often reduced as data protection law or, even worse, as “privacy law”. Such a point of view is not wrong because data law do protect – or at least genuinely tries to protect – privacy, human rights etc. But by doing so, one is likely to refer only to a small part of data law and, what is worse, not to the essential part of it...

  15. THE FRAMEWORK OF INSOLVENCY LAW

    Directory of Open Access Journals (Sweden)

    LAVINIA IANCU

    2012-11-01

    Full Text Available There are a number of ways to classify the legal systems or legal families of the world, but in general legal families across the globe will in many jurisdictions either have an English law, or what can broadly be termed a Civil law, orientated foundation. When analyzing the insolvency laws of various jurisdictions such foundation will also show up in the variety of insolvency laws. But certain aspect of insolvency law will be affected by local legal culture, basic rights and the way in which a system deals with related matters such as the security rights provided for, or the approach to labor issues for instance.

  16. Essentials of EU law

    CERN Document Server

    Reinisch, August

    2012-01-01

    This book explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law.

  17. Market Sentiments Distribution Law

    Directory of Open Access Journals (Sweden)

    Jorge Reyes-Molina

    2016-09-01

    Full Text Available The Stock Exchange is basically ruled by the extreme market sentiments of euphoria and fear. The type of sentiment is given by the color of the candlestick (white = bullish sentiments, black = bearish sentiments, meanwhile the intensity of the sentiment is given by the size of it. In this paper you will see that the intensity of any sentiment is astonishingly distributed in a robust, systematic and universal way, according to a law of exponential decay, the conclusion of which is supported by the analysis of the Lyapunov exponent, the information entropy and the frequency distribution of candlestick size.

  18. Violence or law

    International Nuclear Information System (INIS)

    Bloody demonstrations, occupations of houses and airports, violence against things and persons make the citizens feel that the protection of life and property is no longer in a good state in the F.R. of Germany. How can a further erosion of the sense of justice be met. What can the citizens do to strengthen the sense of justice and to help making the respect of law grow again as a condition for the peaceful coexistence of people. The contributions from a meeting of the Evangelische Akademie Bad Herrenalb deal with these problems. (orig./HP)

  19. Spatiality of environmental law

    DEFF Research Database (Denmark)

    Baaner, Lasse; Hvingel, Line

    2015-01-01

    will determine the interplay between geographic data and technology in the fields of environmental legislation, environmental policy and environmental management. This article examines the legal regulation of spatial information as established by the inspire directive, on one hand, and on the other hand......, examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from...

  20. Unilateralism in International Law

    DEFF Research Database (Denmark)

    Hartmann, Jacques

    2015-01-01

    Union (EU) decided to act unilaterally to reduce emission from aviation, by including aviation within its Emission Trading System (ETS). Initially, the EU set out to include in the ETS emissions from all major aircraft flying to or from European airports, even when these fly over the high seas...... or foreign territory. Many States, however, viewed the EU’s initiative as a unilateral act in violation of their sovereignty. The EU has since suspended the application of the ETS to foreign aircraft. Even so, this incident raises important questions concerning the legality of unilateral acts under...... on the legality and importance of unilateral acts for the development of international law....

  1. International and European Security Law

    Directory of Open Access Journals (Sweden)

    Jonathan Herbach

    2012-02-01

    Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

  2. Russian Contract Law for Foreigners

    Directory of Open Access Journals (Sweden)

    Andrey Shirvindt

    2015-01-01

    Full Text Available The book by Maria Efremova, Svetlana Yakovleva and Jane Henderson aims to serve as a short introduction to Russian contract law for a foreign lawyer. Assuming that the target readership are mainly English lawyers the book’s second aim, expressly stated by the authors (pp. i, 1, is to make lawyers from common law countries familiar with codified law, with Russian law being just an example. The book covers most of the general law of obligations as well as some questions of formation and invalidity of contracts that belong to the general part of the Civil Сode, with this preceded by a brief introduction into the Russian law dealing with its history, federal structure and state agencies of Russia, its court system, sources of law and legal profession.

  3. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

    Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

  4. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  5. Generalized Kirchhoff law

    CERN Document Server

    Greffet, Jean-Jacques; Brucoli, Giovanni; Sakat, Emilie; Marquier, François

    2016-01-01

    Thermal emission can be conveniently described using Kirchhoff law which states that the emissivity is equal to the absorptivity for isothermal bodies. For a finite size system, absorptivity is replaced by an absorption cross section. Here, we study the link between thermal emission and absorption by a finite size object which is not isothermal. We define a local absorption rate for a given incident plane wave and we prove that it is equal to the local emissivity rate. Hence, Kirchhoff law can be extended to anisothermal media. A practical consequence is the possibility of analysing thermal radiation by a variety of non-equilibrium systems such as microwave radiation in geophysical remote sensing or X-UV radiation by plasmas. This result provides a theoretical framework to analyse thermal emission by hot electrons in quantum wells, tunnel junctions or graphene. It paves the way to the design of a new generation of incandescent emitters made of subwavelength hot emitters coupled to cold antennas. The antennas ...

  6. Environmental law. 2. rev. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Meyerholt, Ulrich

    2007-07-01

    The author of the book under consideration describes the environment law in a well readable and systematic form. By means of this book the reader is to be able to understand and arrange environmental-legal questions. The book consists of the following sections: (a) Denotation of the environment law; (b) Fundamentals of the legal order and the application of law; (c) Environmental constitutional law; (d) Principles of the environment law; (e) Instruments in the environment law; (f) Environmental private law; (g) Environmental criminal law; (h) Legal protection questions in the public environment law; (i) Environmental European right; (j) Environmental international law; (k) Pollution control law; (l) Water legislation; (m)Soil conservation law; (n) Recycling law and waste management law; (o) Nature conservation law; (p) Law of hazardous materials.

  7. INDIRECT INFLUENCE OF COMMUNITY LAW OVER NATIONAL CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Mirela GORUNESCU

    2009-12-01

    Full Text Available The problem of influence of Community law over national criminal law is difficult to be solved even now, because criminal law is very closely related to state sovereignty. However, at European level it is a series of unifying trends in the field of criminal law. This includes: the Corpus Juris Project to develop a number of guiding principles on the protection through criminal law of financial interests of EU, within the European judiciary space; the project of founding a European Prosecutor , which would have extended jurisdiction over the entire European judicial area; at the doctrinaire level the project called ”The Criminal Code of the European Union ” result of encoding the provisions relevant for the Community criminal law and published likewise. Romanian criminal law could not remain outside these trends and this paper reveal some internal acts that reflect the trends observed at European level. Some of this acts have a direct influence, and some of them an indirect influence. An example is represented by art. 3022 of the Romanian Penal Code, which, in the basic variant, besides any operations regarding the import of wastes and residue of any kind or other dangerous goods for public health and environment, incriminates the placing or transit operations on the country without observing the laws. In this text, the phrase "without observing the laws" must be reported to both national regulations and international legal instruments.

  8. Nuclear law and law of the sea - a synthesis

    International Nuclear Information System (INIS)

    The general idea behind the work of the Paris Colloqium on Nuclear Law and Law of the Sea was that of an agreement and sometimes opposition between two specificities, that of the law of the maritime and, in particular, ocean environment, and that of the law of nuclear techniques. These relationships were studied notably in the perspective of the problems of transport of nuclear materials and their liability insurance, as well as from the viewpoint of the operation of nuclear powered ships. Another problem studied in this context is that of radioactive marine pollution. (N.E.A.)

  9. An Introduction to the Law and Economics of Intellectual Property

    OpenAIRE

    Stanley M. Besen; Leo J. Raskind

    1991-01-01

    Although economists have written on topics of intellectual property for a long time, the impact of economics on public policy in this area has been slight, especially as compared to the influence of professional writings in areas such as antitrust and taxation. We believe that too few of the profession's resources have been devoted to these issues and that, of those resources that have been employed, too few have been devoted to empirical analyses. We hope that this introductory essay and the...

  10. Zipf law: an extreme perspective

    International Nuclear Information System (INIS)

    Extreme value theory (EVT) asserts that the Fréchet law emerges universally from linearly scaled maxima of collections of independent and identically distributed random variables that are positive-valued. Observations of many real-world sizes, e.g. city-sizes, give rise to the Zipf law: if we rank the sizes decreasingly, and plot the log-sizes versus the log-ranks, then an affine line emerges. In this paper we present an EVT approach to the Zipf law. Specifically, we establish that whenever the Fréchet law emerges from the EVT setting, then the Zipf law follows. The EVT generation of the Zipf law, its universality, and its associated phase transition, are analyzed and described in detail. (letter)

  11. Zipf law: an extreme perspective

    Science.gov (United States)

    Eliazar, Iddo

    2016-04-01

    Extreme value theory (EVT) asserts that the Fréchet law emerges universally from linearly scaled maxima of collections of independent and identically distributed random variables that are positive-valued. Observations of many real-world sizes, e.g. city-sizes, give rise to the Zipf law: if we rank the sizes decreasingly, and plot the log-sizes versus the log-ranks, then an affine line emerges. In this paper we present an EVT approach to the Zipf law. Specifically, we establish that whenever the Fréchet law emerges from the EVT setting, then the Zipf law follows. The EVT generation of the Zipf law, its universality, and its associated phase transition, are analyzed and described in detail.

  12. Three Laws of Robotics

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    经典的机器人三大定律,来自于科幻之父阿西莫夫的名著《I,Robot》The late Isaac Asimov(1920—1992),the prolific author of science fictionand books popularizing science,claimed credit for"robotics"as a term for thescience and technology of robots.In his 1942 sci-fi story"Runaround,"Asimovstated the ethical guidelines he called the"Three Laws of Robotics":1.A robot must not injure a human being,or,through inaction,allow a hu-man being to come to harm.2.A robot must obey the orders given it by human beings except wherethose orders would ...

  13. Feminism, law, and bioethics.

    Science.gov (United States)

    Rothenberg, K H

    1996-03-01

    Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of the Maryland Health Care Decisions Act. The article concludes that gender does matter and that an understanding of feminist legal theory and practice will enrich the analysis of contemporary bioethical issues.

  14. Law Tackling Administrative Monopolies

    Institute of Scientific and Technical Information of China (English)

    WAN LIXIN

    2006-01-01

    @@ The long-anticipated anti-monopoly law needs to better address the crucial distinction between administrative and economic monopolies The first five months of 2oo6 saw a surge in the profits achieved by key State enterprises, especially in the eight sectors including petroleum, telecommunication and electricity, which achieved 285 billion yuan (US$36 billion) in profits, accounting for about 86 percent of the total, according to a July report. From the Stateowned Assets Supervision and Administration Commission of the State (SASAC). This news was both heartening and disquieting, for the most profitable sectors happen to be monopolistic enterprises, mostly upstream the production chain, who achieve their profitability at the expense of those companies further downstream. For years these sectors have been at the centre of the "bust-the-trust" storm.

  15. Nanoplasmonics beyond Ohm's law

    CERN Document Server

    Mortensen, N A; Raza, S; Stenger, N; Yan, W; Jauho, A -P; Xiao, S; Wubs, M

    2012-01-01

    In tiny metallic nanostructures, quantum confinement and nonlocal response change the collective plasmonic behavior with important consequences for e.g. field-enhancement and extinction cross sections. We report on our most recent developments of a real-space formulation of an equation-of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples of applying the nonlocal framework to calculation of extinction cross sections and field enhancement in isolated particles, dimers, and corrugated surfaces.

  16. EU Food Health Law

    DEFF Research Database (Denmark)

    Edinger, Wieke Willemijn Huizing

    to human health because of other factors, such as their nutritional composition. The growing prevalence of obesity and non-communicable diseases are examples of contemporary health challenges that are difficult to fit into the rather narrow concept of food safety risks in the GFL. The conclusion is that EU....... This development, however, does not indicate a departure from the average consumer as a protective benchmark in EU food information legislation. On the contrary, the reinforcement of food information legislation as the main tool for consumer protection from non-safety health risks from food reaffirms...... food law does not address the grey area directly. Whereas the responsibility for the prevention or mitigation of food safety risks rests, in principle, with food operators, the main responsibility for the avoidance of non-safety health threats is placed with consumers, who are expected to make informed...

  17. Extraterritorial Courts for Corporate Law

    OpenAIRE

    Henry Hansmann; Jens Dammann

    2005-01-01

    A central goal in devising a system of courts is to make judicial services easily accessible. As a consequence, justice is usually administered in a geographically decentralized fashion: trial courts are distributed across the territory in which the jurisdiction's law is applied. Corporate law, however, does not fit this pattern: courts are often located far away from the companies subject to their jurisdiction. In particular, Delaware law governs most publicly traded firms in the U.S., and i...

  18. Economic Analysis of Contract Law

    OpenAIRE

    Steven Shavell

    2003-01-01

    Contract law governs agreements between parties. This paper contains the chapters on contract law from a general, forthcoming book, Foundations of Economic Analysis of Law (Harvard University Press, 2003). Chapter 13 presents an overview of the subject. Chapter 14 is concerned with contract formation, that is, with the process through which parties find contracting partners, with aspects of contract negotiation, and with the rules governing when an arrangement between parties becomes legally ...

  19. Criminal law in the Bible

    Directory of Open Access Journals (Sweden)

    Pikov, G.

    2010-01-01

    Full Text Available The Old Testament criminal law, especially its moralizing attitude to state and private violence, crime and punishment, can be ranked among the most important sources of Medieval and Modern jurisprudence. The article analyses basic cultural preconditions of the formation and evolution of Judeo-Christian legal theory, peculiarities of criminological thinking in Judaism and Christianity, causes and effects of the fundamental ties between religion and law in traditional societies, and possible convergence of Mosaic and Modern criminal law.

  20. European Law in the Making:

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    Gend en Loos and Costa V. ENEL. The jurisprudence of the Court of Justice of the ECSC was allegedly conservative dominated by technical and economic considerations less than adventurous activism. Recent historical research has demonstrated the complexity of the legal landscape of the 1950s, in which...... the legal service of the High Authority from early on promoted a ‘constitutional’ interpretation of European law, but where the member state, as well as most legal experts, still considered European law a subset of international law. How did the Court of Justice of the ECSC manoeuvre between...... on European law in the making....

  1. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  2. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

  3. The Law Of Environmental Preservation

    International Nuclear Information System (INIS)

    This book deals with preservation regulation on environment, which includes the meaning of environmental law, foundation of environmental law and development, characteristic of the law, the right of environment, the method and the case of lawmaking of environment, formation of environmental law in Korea, organization of administration, explanation of environmental regulation with term and definition, exclusion of application, safety of nature, supervision of air and water, discharge facilities and prevention facility, air pollution, discharge facility business, management of industrial waste substance and grievance mediation and compensation for the lost.

  4. History of Law and Economics

    OpenAIRE

    Gelter, Martin; Grechenig, Kristoffel

    2014-01-01

    The roots of law & economics lie in late 19th century continental Europe. However, this early movement did not persist, having been cut off in the 1930s. After World War II, modern law & economics was (re-)invented in the United States and subsequently grew into a major field of research at U.S. law schools. In continental Europe, law & economics was re-imported as a discipline within economics, driven by economists interested in legal issues rather than by legal scholars. Hence, the European...

  5. More competition law-FRANDly IPR policies

    DEFF Research Database (Denmark)

    Kokoulina, Olga; Minssen, Timo

    2016-01-01

    user-generated internal IP policies of SSOs, i.e. to what extent they should be governed and constrained by the practice and recommendations of competition authorities. To this end, we start by examining the standard setting landscape in the ICT sector in section 1. Section 2 presents some challenges......The link between innovation and economic growth has been widely acknowledged. So it comes as no surprise that the promotion of innovation has become a priority of company strategies and government policies. A major regulatory challenge in this paradigm is to craft a well-balanced design...... towards more IP-specific antitrust analysis. Furthermore, chief economists of the EU Commission and the Federal Trade Commission (FTC) have recently made some proposals for possible reforms to the IPR policies of standard setting organizations (SSOs). In their article, they strongly emphasize the adverse...

  6. Teaching of Administrative Law in the New Grade of Law

    Science.gov (United States)

    Domínguez Alonso, Patricia

    2012-01-01

    The teaching of Administrative Law in the new grade of law poses numerous challenges and opportunities in the new model of Bologna. It's really important work of research and students in class presentations. It is also important to motivate students to study the issues and cases brought before classes and to use virtual platforms to interact with…

  7. Bijuralism in Law's Empire and in Law's Cosmos.

    Science.gov (United States)

    Kasirer, Nicholas

    2002-01-01

    Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing knowledge over…

  8. INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2014-06-01

    Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

  9. Economics of mining law

    Science.gov (United States)

    Long, K.R.

    1995-01-01

    Modern mining law, by facilitating socially and environmentally acceptable exploration, development, and production of mineral materials, helps secure the benefits of mineral production while minimizing environmental harm and accounting for increasing land-use competition. Mining investments are sunk costs, irreversibly tied to a particular mineral site, and require many years to recoup. Providing security of tenure is the most critical element of a practical mining law. Governments owning mineral rights have a conflict of interest between their roles as a profit-maximizing landowner and as a guardian of public welfare. As a monopoly supplier, governments have considerable power to manipulate mineral-rights markets. To avoid monopoly rent-seeking by governments, a competitive market for government-owned mineral rights must be created by artifice. What mining firms will pay for mineral rights depends on expected exploration success and extraction costs. Landowners and mining firms will negotlate respective shares of anticipated differential rents, usually allowing for some form of risk sharing. Private landowners do not normally account for external benefits or costs of minerals use. Government ownership of mineral rights allows for direct accounting of social prices for mineral-bearing lands and external costs. An equitable and efficient method is to charge an appropriate reservation price for surface land use, net of the value of land after reclamation, and to recover all or part of differential rents through a flat income or resource-rent tax. The traditional royalty on gross value of production, essentially a regressive income tax, cannot recover as much rent as a flat income tax, causes arbitrary mineral-reserve sterilization, and creates a bias toward development on the extensive margin where marginal environmental costs are higher. Mitigating environmental costs and resolving land-use conflicts require local evaluation and planning. National oversight ensures

  10. Methodology of Law and Economics

    NARCIS (Netherlands)

    A.M. Pacces (Alessio Maria); L.T. Visscher (Louis)

    2011-01-01

    textabstractIntroduction A chapter on the methodology of law and economics, i.e. the economic analysis of law, concerns the methodology of economics. The above quote (Becker 1976, 5) shows that economics should not be defined by its subject, but by its method (also Veljanovski 2007, 19). This method

  11. Electicism in Law and Economics

    NARCIS (Netherlands)

    A. Arcuri (Alessandra)

    2008-01-01

    textabstractAs the popularity of ‘law and economics’ is rapidly increasing, this essay is an invitation to pause and reflect on its methodology. Mainstream law and economics is generally associated with a paradigm that embraces rational choice theory as the theoretical grid that best understands hum

  12. International school of nuclear law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2003-01-01

    This is a report about the second International School of Nuclear Law (ISNL) held in Montpellier, France, on August 26 to September 7, 2002, by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  13. International School of Nuclear Law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2004-12-01

    This is a report about the fourth International School of Nuclear Law (ISNL) held in Montpellier, France, on 23 August to 3 September 2004 by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  14. Constitutional Law and Liberal Education.

    Science.gov (United States)

    Clor, Harry

    1985-01-01

    By studying constitutional law, students learn about the relationship between democratic theory and practice, one of the main concerns of liberal education. The mind is enlarged when it must apply ethical standards and political ideas to real human problems. How a political science professor teaches constitutional law is discussed. (RM)

  15. Writing an Effective Anticorruption Law

    OpenAIRE

    Richard E. Messick; Kleinfeld, Rachel

    2001-01-01

    The note looks at effective anticorruption legal instruments. However, law enforcement measures are not the first or necessarily the preferred method of defense. An informed citizenry, a government imbued with a service ethic, and other measures can be more effective in combating corruption. But tailoring the law to improve enforcement capacity generally encompasses a variety of statutes t...

  16. One Stop Group Law Shop?

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2012-01-01

    The article, which is the editorial for February 2012 i European Company Law, argues that the EU must introduce a directive offering the possibility to a European cross-border group of being treated, for company law reasons, in any EU country according to the same provisions which are in force in...

  17. Economic Models of Law: Introduction

    OpenAIRE

    Thomas J. Miceli; Baker, Matthew J.

    2013-01-01

    This introductory chapter to Economic Models of Law (forthcoming, Edward Elgar) discusses the use of economic models for understanding law. It also provides a survey of the contents of the volume, which consist of twenty-one previously published articles in the areas of torts, contracts, property, and legal process.

  18. Relativistic dynamics without conservation laws

    OpenAIRE

    Rothenstein, Bernhard; Popescu, Stefan

    2006-01-01

    We show that relativistic dynamics can be approached without using conservation laws (conservation of momentum, of energy and of the centre of mass). Our approach avoids collisions that are not easy to teach without mnemonic aids. The derivations are based on the principle of relativity and on its direct consequence, the addition law of relativistic velocities.

  19. Critical Introduction To Natural Law

    Directory of Open Access Journals (Sweden)

    Esteban Javier Mosquera Cabrera

    2013-01-01

    Full Text Available This review provides a comparison between the different editions of the famous work of Hervada, discussed here. The outcome of this analysis arise five new hermeneutical rules that analyze how to interpret positive law or agreement that eventually undermine the natural law. It is also evident that the principles proposed by Hervada are a good basis for general legal hermeneutics.

  20. Social Change and Criminal Law

    Science.gov (United States)

    Jeffery, C. Ray

    1970-01-01

    The impact of urbanization on criminal law and the extension of law into the area of morality (value systems) are discussed in terms of social control via punishment and deterrence. The impact of the social sciences (psychotherapy, sociology, behavioral science) is covered in terms of social control via rehabilitation and environmental…

  1. Interpretation of the Omori Law

    CERN Document Server

    Guglielmi, Anatol V

    2016-01-01

    The known Omori law is presented in the form of differential equation that describes the evolution of the aftershock activity. This equation is derived hypothetically with taking into account deactivation of the faults in epicentral zone of the main shock. A generalization of the Omori law is proposed.

  2. Law and Morals. Prolegomena (II

    Directory of Open Access Journals (Sweden)

    Nicolae V. DURĂ

    2011-11-01

    Full Text Available In the pages of this study we have emphasized the relation between Law and Morals, between what is just and in just, talking thus not only about the nature of the Law and of the Morals, but also about the relation between the juridical norms and the moral principles. An evaluation of the historical process of the emergence of Law and Morals – be it brief – has enabled us to notice that the Law has evolved step by step from the Moral norms and from the customs of a moral nature, hence the conclusion that the positive juridical norms should also express, in their content, values of a moral nature. In fact, from an ontological point of view, between Law and Morals could not be a divorce, since the notions of “righteousness” and of “justice” themselves are categories of Morals. That is why the theory of juridical positivism, according to which the rule of Law can exist in the absence of Morals since the state is the only source of Law, has no credibility both from a historical and philosophical and from a juridical point of view. Finally, the increasingly higher interest of the philosophers and jurists of our time to perceive and express the content of the nature of Law adequately and, ipso facto, the relation between this one and Morals, was also determined by the international and European legislation regarding the human fundamental rights and liberties.

  3. Relativistic covariance of Ohm's law

    CERN Document Server

    Starke, R

    2014-01-01

    The derivation of relativistic generalizations of Ohm's law has been a long-term issue in theoretical physics with deep implications for the study of relativistic plasmas in astrophysics and cosmology. Here we propose an alternative route to this problem by introducing the most general Lorentz covariant first order response law, which is written in terms of the fundamental response tensor $\\chi^\\mu_{~\

  4. International law and communicable diseases.

    OpenAIRE

    Aginam, Obijiofor

    2002-01-01

    Historically, international law has played a key role in global communicable disease surveillance. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation-states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, communicable diseases have continued to re-shape the boun...

  5. Science without laws.

    Science.gov (United States)

    Schweber, Silvan S

    2009-01-01

    During the 1970s, something deeply consequential happened in the cultural, economic, and social relationships between science and technology. Paul Forman has proposed that the abrupt reversal of the culturally ascribed primacy in the science-technology relationship circa 1980 be taken as a demarcation of postmodernity from modernity. Modernity's most basic cultural presuppositions-the superiority of theory to practice, the elevation of the public over the private and that of the disinterested over the interested, and the belief that the means sanctify the ends-were ascribed to science. In postmodernity, science is subsumed under technology, and the status of technology relative to science reflects our pragmatic-utilitarian subordination of means to ends. These cultural changes have resonated with deep epistemological and ontological changes within the sciences themselves, and all these have manifested themselves in universities becoming entrepreneurial, and the consequences thereof. Science Without Laws insightfully illustrates some of the changes within the life and human sciences by analyzing the role played by model systems and case studies.

  6. Scaling Laws in Human Language

    CERN Document Server

    Lu, Linyuan; Zhou, Tao

    2012-01-01

    Zipf's law on word frequency is observed in English, French, Spanish, Italian, and so on, yet it does not hold for Chinese, Japanese or Korean characters. A model for writing process is proposed to explain the above difference, which takes into account the effects of finite vocabulary size. Experiments, simulations and analytical solution agree well with each other. The results show that the frequency distribution follows a power law with exponent being equal to 1, at which the corresponding Zipf's exponent diverges. Actually, the distribution obeys exponential form in the Zipf's plot. Deviating from the Heaps' law, the number of distinct words grows with the text length in three stages: It grows linearly in the beginning, then turns to a logarithmical form, and eventually saturates. This work refines previous understanding about Zipf's law and Heaps' law in language systems.

  7. Reflections on international medical law.

    Science.gov (United States)

    Wattad, Mohammed S; Hrevtsova, Radmyla Yu

    2011-12-01

    Does international medical law exist, in the first place, as an independent area of study? If so, is it urgently required in an era of comparative studies? Namely, to what extent, if at all, international studies differ from comparative ones? Besides, what are the particular characteristics of such international discipline? Namely, what are the particular features of this field that elaborate on our legal and scientific understanding in sketching possible definition for this notion of "international medical law?" In addition, how does international medical law correlate with health, ethics and health policies in our globalized world? And finally, what are the challenges that might face the international community, once the concept of "international medical law" is acknowledged? This papers aims at establishing the conceptual grounds for these questions, thus calling for the acknowledgment of a new field of study described as "international medical law".

  8. Discovering Natural Laws by Reduction

    Institute of Scientific and Technical Information of China (English)

    吴轶华

    1989-01-01

    A polynomial algorithm.called Reduction,is presented to discover natural laws by analysing a set of experimental data.instead of a heuristic exploration which,when adopted in BACON,can only lead to rediscovering simple laws.A complex law with multiple variables involved can be discovered by reducing it to a search.This search is so efficient that it does not need any backtracking and is able to cover most of possible laws.A reduction-based discovery system,called DISCOVER 2.0,was developed with a flexible knowledge base and an ability of dealing with imperfect data.The system has been verified to be valid computationally,practically,and theoretically,by discovering a great number o complex laws,and can be also viewed as a leaming engine embodied in any intelligent systems to improve their performance by obtaining a general rule from the accumulated data.

  9. Hack's Law: Sinuosity, convexity, elongation

    Science.gov (United States)

    Willemin, James H.

    2000-11-01

    Hack's law, an empirical, power law relationship between drainage basin area and the length of the main stream channel, has long been taken to imply that drainage basins become more elongate (relatively longer and narrower) with increasing basin size. A study of the geometry of 38 basins from three distinct geomorphic settings shows that this geometric interpretation of Hack's law is only occasionally true: Even though Hack's power law relationship holds between basin area and main channel length, these basins do not necessarily become more elongate with increasing size. Rather, Hack's law is an expression of a balance between changes in basin shape and changes in channel planform geometry. For the basins in this study, changes in channel sinuosity play the most important role in this balance; changes in basin shape are far less regular. Local conditions appear to determine the partitioning of importance between changes in basin shape and channel sinuosity.

  10. Principles of European Contract Law

    DEFF Research Database (Denmark)

    Lando, Ole; Beale, Hugh

    This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...

  11. An Analysis of the Definition of Relevant Markets in Internet Antitrust-A Case Study of“Qihoo 360 Litigation Against Tencent”%互联网反垄断中相关市场界定解析--以“奇虎360诉腾讯案”为视角

    Institute of Scientific and Technical Information of China (English)

    陈国强

    2014-01-01

    本文以“奇虎360诉腾讯案”为切入点,论述了互联网行业具有创新迅速、传播速度快、市场双边性、产品低费用甚至免费等特征。这导致了传统反垄断中对相关市场的界定方法用于互联网相关市场界定时存在很多缺陷以致无法适用,而我国互联网反垄断实务也面临一些困境,对此提出了解决方法,即从互联网相关市场包括互联网相关产品市场、互联网相关地域市场、互联网相关时间市场三个维度加以考虑,只有在结合互联网市场特性及互联网产品特性的基础上,才能准确界定互联网相关市场,进而指导我国的互联网反垄断实务,以期保持互联网市场竞争公平、自由、有序地进行。%The Internet industry is characteristic of fast innovation and spread, bilateral market, and low-cost and even free products. Such features make the definition of the relevant markets in traditional antitrust inapplicable to the Internet antitrust. On the other hand, the practice of China’s Internet antitrust also faces difficulties. Based on the case of“Qihoo 360 litigation against Tencent”, the author suggests that Internet-related markets should include product market, geographic market and time market, and by combining the features of the Internet-related market and its products, we can accurately define the Internet-related markets so as to guide China’s Internet antitrust practice and to ensure a fair, free and orderly market competition.

  12. Laws on Robots, Laws by Robots, Laws in Robots : Regulating Robot Behaviour by Design

    NARCIS (Netherlands)

    Leenes, R.E.; Lucivero, F.

    2015-01-01

    Speculation about robot morality is almost as old as the concept of a robot itself. Asimov’s three laws of robotics provide an early and well-discussed example of moral rules robots should observe. Despite the widespread influence of the three laws of robotics and their role in shaping visions of fu

  13. 38 CFR 21.4274 - Law courses.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Law courses. 21.4274... Pursuit of Courses § 21.4274 Law courses. (a) Accredited. A law course in an accredited law school leading to a standard professional law degree will be assessed as provided in § 21.4273(a). (b)...

  14. On the Cognition of Laws of Nature

    OpenAIRE

    Weingartner, Paul

    2003-01-01

    In this paper I shall discuss the problem of cognition of laws of nature on the following different levels of understanding: First level of understanding of laws of nature: the Greek Ideal of Science Second level: Space Time Invariance Third level: Dynamical Laws Fourth level: Statistical Laws Fifth level: Laws and Causality Sixth level: Chaotic Motion Seventh level: Initial conditions and Constants of Nature

  15. European atomic energy law. Nuclear energy laws. 2. ed.

    International Nuclear Information System (INIS)

    The present re-edition closes a gap that had existed in particular in the German literature on European atomic energy law. This field of law is becoming more and more important through the introduction of new directives and regulations. The textbook starts with a discussion of the principles and international regulations of European atomic energy law. Forming its core is a presentation of the Euratom Treaty with all its regulations, directives, and decisions taken by the European Commission and the European Court of Justice. Since the Fukushima disaster, and as a result of the still ongoing renaissance of nuclear energy in many countries outside of Europe, a substantial demand has grown for information on international and specifically European nuclear energy law.

  16. Community and law: identifying the locus of law in community

    OpenAIRE

    Yaylali, Mustafa

    2012-01-01

    "Community and law approach" provides an illuminating insight into alternative legal orderings within a social unit. The comprehensiveness of legal systems within a community or a social unit, provides a suitable basis for a structural framework of alternative legal systems or Legal Pluralism, which is missing in the discourse on Legal Pluralism. "Identifying the locus of law within a community", provides us with an indication on how autopoetic a legal system can be within a social unit, taki...

  17. Law, Community and Ultima Ratio in Transnational Law

    OpenAIRE

    Massimo Fichera

    2013-01-01

    The paper aims to examine the concept of transnational law and the way market forces affect the notion of community at the transnational level. Can the principle of ultima ratio operate in this context and how should this occur? Recent events, including the expansion of the anti-money laundering legislation and the measures enacted following the economic crisis, will be used as emblematic cases illustrating the development of transnational law and its impact on society. The analysis will also...

  18. European Competition Law as Mandatory Law in International Commercial Arbitration

    OpenAIRE

    Egill Daði Ólafsson 1984

    2013-01-01

    With arbitration becoming a common way of solving international commercial disputes, issues not considered capable of being arbitrated are diminishing. Arbitrators are therefore not prohibited from applying various mandatory rules, including European competition law, to a certain extent. When concluding an agreement, parties must have regard to competition law issues to make sure that the agreement is not contrary to those principles. These two different legal fields are therefore bound to in...

  19. Generalized Second Law for Cosmology

    CERN Document Server

    Bousso, Raphael

    2016-01-01

    We conjecture a novel Generalized Second Law that can be applied in cosmology, regardless of whether an event horizon is present: the generalized entropy increases monotonically outside of certain hypersurfaces we call past Q-screens. A past Q-screen is foliated by surfaces whose generalized entropy (sum of area and entanglement entropy) is stationary along one future null direction and increasing along the other. We prove that our Generalized Second Law holds in spacetimes obeying the Quantum Focussing Conjecture. An analogous law applies to future Q-screens, which appear inside evaporating black holes and in collapsing regions.

  20. Generalized second law for cosmology

    Science.gov (United States)

    Bousso, Raphael; Engelhardt, Netta

    2016-01-01

    We conjecture a novel generalized second law that can be applied in cosmology, regardless of whether an event horizon is present: the generalized entropy increases monotonically outside of certain hypersurfaces we call past Q-screens. A past Q-screen is foliated by surfaces whose generalized entropy (sum of area and entanglement entropy) is stationary along one future null direction and increasing along the other. We prove that our generalized second law holds in spacetimes obeying the quantum focusing conjecture. An analogous law applies to future Q-screens, which appear inside evaporating black holes and in collapsing regions.

  1. No Area Law in QCD

    OpenAIRE

    Asaga, Tomoko; Fujita, Takehisa

    2005-01-01

    Wilson's area law in QCD is critically examined. It is shown that the expectation value of the Wilson loop integral $ \\exp(\\int iA_\\mu dx^\\mu) $ in the strong coupling limit vanishes when we employ the conjugate Wilson action which has a proper QED action in the continuum limit. The finite value of Wilson loop with the Wilson action is due to the result of the artifact. The fact that his area law is obtained even for QED simply indicates that the area law is unphysical.

  2. Can Environmental Law be standardized

    International Nuclear Information System (INIS)

    The author makes basic considerations on standardizability both in Constitutional Law and in simple Legislative Law. He discusses in detail a key issue of Environmental Law, namely the standardization of the right of third parties affected to file suit. In painstaking detail work one has to differentiate between standards having and not having an effect which protects third parties, and how far the protection of third parties goes. The limits to standardizability are reached with the use of undetermined legal terms. The shortcomings of standardizability for the legislator could and should be made up for by the statutory power which has to reify standards in a way which could guarantee efficient execution. (HSCH)

  3. Zipf's Law in Gene Expression

    CERN Document Server

    Furusawa, C; Furusawa, Chikara; Kaneko, Kunihiko

    2002-01-01

    Using data from gene expression databases on various organisms and tissues, including yeast, nematodes, human normal and cancer tissues, and embryonic stem cells, we found that the abundances of expressed genes exhibit a power-law distribution with an exponent close to -1, i.e., they obey Zipf's law. Furthermore, by simulations of a simple model with an intra-cellular reaction network, we found that Zipf's law of chemical abundance is a universal feature of cells where such a network optimizes the efficiency and faithfulness of self-reproduction. These findings provide novel insights into the nature of the organization of reaction dynamics in living cells.

  4. Benford's law theory and applications

    CERN Document Server

    Miller, Steven J

    2015-01-01

    Benford's law states that the leading digits of many data sets are not uniformly distributed from one through nine, but rather exhibit a profound bias. This bias is evident in everything from electricity bills and street addresses to stock prices, population numbers, mortality rates, and the lengths of rivers. Here, Steven Miller brings together many of the world's leading experts on Benford's law to demonstrate the many useful techniques that arise from the law, show how truly multidisciplinary it is, and encourage collaboration. Beginning with the general theory, the contributors explain t

  5. Time, history and international law

    CERN Document Server

    Craven, Matthew; Vogiatzi, Maria

    2006-01-01

    This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or unders

  6. Latest Amendment to Criminal Law

    Institute of Scientific and Technical Information of China (English)

    ZHU ZONGJIE

    2011-01-01

    @@ On Feb.25, 2011,the 19th Session of the Standine Commlttee or the 11th National Peonle's Congress, the country's highest legislative body, approved the eighth amendment to the Criminal Law of the People's Republic of China.This brought about the broadest changes ever made to the law-to be precise, to 50 items that involve 49 legal matters.While reducing the number of crimes punishable by death, the amended Criminal Law provides for additional instances of leniency for senior citizens and minors who are convicted of a crime.

  7. PROSPECTIVE ISLAMIC LAW IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Mohdar Yanlua

    2015-02-01

    Full Text Available This paper discusses the Prospective Islamic law in Indonesia. The enforcement of Islamic law in Indonesia experienced the ups and downs, ranging from the colonial period with the Government of Indonesia to the Netherlands in order to reform it.In this study it was found that a prospective law of Islam in Indonesia the development of any regime of the Government of Indonesia is experiencing developments. By the Government of Indonesia does not accept or reject the extremes, but instead selectively receive (not the totality and gradual.Such a step is done for the sake of maintaining the stability and integrity of the country.

  8. HSIP Law Enforcement Locations in New Mexico

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — Law Enforcement Locations Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law Enforcement agencies "are publicly...

  9. On the Concept of Law in Physics

    OpenAIRE

    Kiefer, Claus

    2013-01-01

    I discuss the main features of the concept of law in physics. Fundamental laws from Newtonian mechanics to general relativity are reviewed. I end with an outlook on the new form of laws in the emerging theory of quantum gravity.

  10. Universal mortality law and immortality

    Science.gov (United States)

    Azbel', Mark Ya.

    2004-10-01

    Well-protected human and laboratory animal populations with abundant resources are evolutionarily unprecedented. Physical approach, which takes advantage of their extensively quantified mortality, establishes that its dominant fraction yields the exact law, which is universal for all animals from yeast to humans. Singularities of the law demonstrate new kinds of stepwise adaptation. The law proves that universal mortality is an evolutionary by-product, which at any given age is reversible, independent of previous life history, and disposable. Life expectancy may be extended, arguably to immortality, by minor biological amendments in the animals. Indeed, in nematodes with a small number of perturbed genes and tissues it increased 6-fold (to 430 years in human terms), with no apparent loss in health and vitality. The law relates universal mortality to specific processes in cells and their genetic regulation.

  11. Order Statistics and Benford's Law

    Directory of Open Access Journals (Sweden)

    Steven J. Miller

    2008-01-01

    whether or not the distribution of the digits of all the unnormalized differences converges to Benford's law, shifted exponential behavior, or oscillates between the two, and show that the Pareto distribution leads to oscillating behavior.

  12. Friction laws for lubricated nanocontacts

    Science.gov (United States)

    Buzio, R.; Boragno, C.; Valbusa, U.

    2006-09-01

    We have used friction force microscopy to probe friction laws for nanoasperities sliding on atomically flat substrates under controlled atmosphere and liquid environment, respectively. A power law relates friction force and normal load in dry air, whereas a linear relationship, i.e., Amontons' law, is observed for junctions fully immersed in model lubricants, namely, octamethylciclotetrasiloxane and squalane. Lubricated contacts display a remarkable friction reduction, with liquid and substrate specific friction coefficients. Comparison with molecular dynamics simulations suggests that load-bearing boundary layers at junction entrance cause the appearance of Amontons' law and impart atomic-scale character to the sliding process; continuum friction models are on the contrary of limited predictive power when applied to lubrication effects. An attempt is done to define general working conditions leading to the manifestation of nanoscale lubricity due to adsorbed boundary layers.

  13. An alternative to Zoe's Law.

    Science.gov (United States)

    Dalmau, James

    2015-03-01

    Under the criminal law of New South Wales, the destruction of a foetus (other than in the course of a medical procedure) constitutes grievous bodily harm to the pregnant woman. Charges can be laid for offences against the woman, but not against the foetus. Many are dissatisfied with this. The Crimes Amendment (Zoe's Law) Bill 2013 (No 2) (NSW) aimed to change this by providing that a foetus is taken to be a living person for the purposes of certain offences. The Bill was strongly opposed on the basis that according personhood to a foetus in this way will have undesirable consequences that could erode the reproductive rights of women. The public debate over how the criminal law addresses the destruction of a foetus has centred on Zoe's Law. This article proposes an alternative amendment. that aims, to accommodate the concerns of the Bill's supporters and its detractors.

  14. International law and communicable diseases.

    Science.gov (United States)

    Aginam, Obijiofor

    2002-01-01

    Historically, international law has played a key role in global communicable disease surveillance. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation-states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, communicable diseases have continued to re-shape the boundaries of global health governance through legally binding and "soft-law" regimes negotiated and adopted within the mandate of multilateral institutions - the World Health Organization, the World Trade Organization, the Food and Agriculture Organization, and the Office International des Epizooties. The globalization of public health has employed international law as an indispensable tool in global health governance aimed at diminishing human vulnerability to the mortality and morbidity burdens of communicable diseases.

  15. Forensic identification with Bayes’ law

    OpenAIRE

    Andrade, Marina; Ferreira, Manuel Alberto M.

    2011-01-01

    The probabilistic fundaments for the evaluation of DNA evidences, based mainly on Bayes’ Law, are presented emphasizing the famous island problem. Identification problems are considered,in particular the paternity dispute problem and the crime scene analysis.

  16. Scaling laws of turbulent dynamos

    OpenAIRE

    Fauve, Stephan; Petrelis, Francois

    2007-01-01

    We consider magnetic fields generated by homogeneous isotropic and parity invariant turbulent flows. We show that simple scaling laws for dynamo threshold, magnetic energy and Ohmic dissipation can be obtained depending on the value of the magnetic Prandtl number.

  17. Law in the Social Studies

    Science.gov (United States)

    Gerlach, Ronald A.

    1970-01-01

    An evaluation is made of existing teacher guides and curricula, and proposals are given for curriculum improvements in the areas of Jurisprudence, Law, and Civics at the elementary and secondary level. (EJS)

  18. Administrative Law and Organization Theory

    Science.gov (United States)

    Evan, William M.

    1977-01-01

    Considered are some trends in American administrative law, some trends in organization theory, a model of the administrative process, and several potentially useful research strategies. The analysis has implications for comparative research on legal systems. (Author/LBH)

  19. HUD Administrative Law Judges Decisions

    Data.gov (United States)

    Department of Housing and Urban Development — This site contains substantive and precedential decisions issued by the Office of Administrative Law Judges. The site does not contain subsequent rulings or...

  20. EPA's Environmental Laws and Regulations

    Data.gov (United States)

    U.S. Environmental Protection Agency — This web page provides access to search and read the environmental laws and regulations related to EPA's mission. Regulatory guidance documents and rulemaking...

  1. Game animals & hunting : Law enforcement

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — This is a summary of hunting activities, game mammal surveys, and law enforcement on Neal Smith National Wildlife Refuge between 1992 and 2009. For each year, a...

  2. Health Law as Social Justice.

    Science.gov (United States)

    Wiley, Lindsay F

    2014-01-01

    Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

  3. Health Law as Social Justice.

    Science.gov (United States)

    Wiley, Lindsay F

    2014-01-01

    Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

  4. Whither the common law derivative action

    OpenAIRE

    Yap, JL

    2009-01-01

    The common law derivative action was developed as a result of decades of case law in common law jurisdictions. Hong Kong and Singapore continue to retain the common law derivative action within their respective legal frameworks, despite both having enacted statutory derivative actions. This paper considers the situations in which the common law derivative action continues to have practical application in each of these jurisdictions. It then considers whether the common law derivative acti...

  5. LABOUR CRIMINAL LAW EVOLUTION IN ROMANIA

    OpenAIRE

    Eugen Ioan DAN

    2010-01-01

    Labour Law is basically the labour contract’s law, and a specific work cannot be performed without respecting the safety norms. Labour Criminal Law is not recognized in every state by the scholars, further being established a border line between these two law fields (Germany, Japan). The European Union member states have shown reluctance towards inserting sanctions displaying punishment features in the Union laws. In various European countries, a new law discipline has emerged and developed i...

  6. Fundamental Constants and Conservation Laws

    OpenAIRE

    Roh, Heui-Seol

    2001-01-01

    This work describes underlying features of the universe such as fundamental constants and cosmological parameters, conservation laws, baryon and lepton asymmetries, etc. in the context of local gauge theories for fundamental forces under the constraint of the flat universe. Conservation laws for fundamental forces are related to gauge theories for fundamental forces, their resulting fundamental constants are quantitatively analyzed, and their possible violations at different energy scales are...

  7. Revision of the Adoption Law

    Institute of Scientific and Technical Information of China (English)

    1999-01-01

    DECEMBER 29, 1991, saw thePresident of the People’sRepublic of China promulgatea new adoption law by Order 54, a lawwhich was introduced to the seventhNational People’s Congress at thetwenty-third meeting of its StandingCommittee and which took effect fromApril 1, 1992. This was the first suchadoption law in China and, althoughadoption did occur prior to itsimplementation, it was not then boundby legal measures or guarantee.

  8. Power laws in software systems

    OpenAIRE

    Tonelli, Roberto

    2012-01-01

    The main topic of my PhD has been the study of power laws in software systems within the perspective of describing software quality. My PhD research contributes to a recent stream of studies in software engineering, where the investigation of power laws in software systems has become widely popular in recent years, since they appear on an incredible variety of different software quantities and properties, like, for example, software metrics, software faults, refactoring, Java byte-code,...

  9. Reconceiving Law and New Governance

    OpenAIRE

    Walker, Neil; DE BURCA, Grainne

    2007-01-01

    This essay re-examines the concepts of Law and New Governance with a view to pursuing three cumulative objectives. First, it emphasizes that both law and new governance are deeply contested concepts whose meaning and inter-relationship cannot just be assumed or taken for granted, as is the tendency in some empirical studies of their interconnection. Second, it suggests that both concepts be situated and understood within an explicitly normative framework, one that takes account...

  10. Physics Laws of Social Science

    OpenAIRE

    Wayne, James J.

    2013-01-01

    Economics, and other fields of social science are often criticized as unscientific for their apparent failures to formulate universal laws governing human societies. Whether economics is truly a science is one of the oldest questions. This paper attempts to create such universal laws, and asserts that economics is a branch of quantum physics just like chemistry. Choice is a central concept in economics and other fields of social science, yet there is no corresponding concept of choice in mode...

  11. Mandelbrot Law of Evolving Networks

    Institute of Scientific and Technical Information of China (English)

    REN Xue-Zao; YANG Zi-Mo; WANG Bing-Hong; ZHOU Tao

    2012-01-01

    We show that the degree distribution of a growing network with linear preferential attachment approximately follows the Mandelbrot law,and propose an analytical method based on a recursive formula that can be used to obtain a more accurate expression of the shifting coefficient.Simulations demonstrate the advantages of our method. This work provides a possible mechanism leading to the Mandelbrot law of evolving networks,and refines the mainstream analytical methods for the shifting coefficient.

  12. Exact law of live nature

    Science.gov (United States)

    Azbel‧, Mark Ya.

    2005-08-01

    The exact law of mortality dynamics in changing populations and environment is derived. It includes no explicit characteristics of animal-environment interactions (metabolism, etc.) which are a must for life; it is universal for all animals, from single-cell yeast to humans, with their drastically different biology, evolutionary history, and complexity; it is rapidly (within few percent of life span) reversible. Such a law is unique for live systems with their homeostatic self-adjustment to environment (cf. thermodynamics of liquids and glasses). The law which is valid for all live, and only live, systems is their specific natural law. Mortality is an instrument of natural selection and biological diversity. Its law, which is preserved in evolution of all species, is a conservation law of mortality, selection, evolution, biology. The law implies new kinds of intrinsic mortality and adaptation which dominate in evolutionary unprecedented protected populations and, in contrast to species-specific natural selection, proceed via universal stepwise rungs and reduce to universal cellular mechanism. The law demonstrates that intrinsic mortality and at least certain aspects of aging are disposable evolutionary byproducts, and directed genetic and/or biological changes may yield healthy and vital Methuselah lifespan. This is consistent with experiments. Universality implies that single-cell yeast may provide a master key to the cellular mechanism of universal mortality, aging, selection, evolution, and its regulation in all animals. One may look for its manifestations in animal cells also, e.g., in their replicative senescence and cancer. Evolutionary origin and genetic nature of universality are suggested.

  13. Growth Equation with Conservation Law

    OpenAIRE

    Lauritsen, Kent Baekgaard

    1995-01-01

    A growth equation with a generalized conservation law characterized by an integral kernel is introduced. The equation contains the Kardar-Parisi-Zhang, Sun-Guo-Grant, and Molecular-Beam Epitaxy growth equations as special cases and allows for a unified investigation of growth equations. From a dynamic renormalization-group analysis critical exponents and universality classes are determined for growth models with a conservation law.

  14. Methodology of International Law1

    OpenAIRE

    Dominicé, Christian

    2014-01-01

    I. DEFINITION Methodology seeks to define the means of acquiring scientific knowledge. There is no generally accepted definition of the methodology of international law. In this article it will be taken to comprise both its wider meaning of the methods used in the acquisition of a scientific knowledge of the international legal system and its narrower and more specialized meaning, the methods used to determine the existence of norms or rules of international law. The correlation of these two ...

  15. Corporate Law and Corporate Governance

    OpenAIRE

    Roberta Romano

    1998-01-01

    We have seen a revival in interest in corporate law and corporate governance since the 1980s, as researchers applied the tools of the new institutional economics and modern corporate finance to analyze the new transactions emerging in the 1980s takeover wave. This article focuses on three mechanisms of corporate governance to illustrate the analytical usefulness of transaction cost economics for corporate law. They are the board of directors; relational investing, a form of block ownership in...

  16. Interpretation of the Omori law

    Science.gov (United States)

    Guglielmi, A. V.

    2016-09-01

    The well-known Omori law is represented in the form of the differential equation describing the evolution of the aftershock activity. The interpretation of the evolution equation is suggested. It is based on the idea of deactivation of the faults in the vicinity of the main shock of the earthquake. The generalization of the Omori law with the allowance for the nonstationarity of the medium in the source, which is cooling after the main shock, is presented.

  17. Teaching medical ethics and law.

    Science.gov (United States)

    Parker, Malcolm

    2012-03-01

    The teaching of medical ethics is not yet characterised by recognised, standard requirements for formal qualifications, training and experience; this is not surprising as the field is still relatively young and maturing. Under the broad issue of the requirements for teaching medical ethics are numerous more specific questions, one of which concerns whether medical ethics can be taught in isolation from considerations of the law, and vice versa. Ethics and law are cognate, though distinguishable, disciplines. In a practical, professional enterprise such as medicine, they cannot and should not be taught as separate subjects. One way of introducing students to the links and tensions between medical ethics and law is to consider the history of law via its natural and positive traditions. This encourages understanding of how medical practice is placed within the contexts of ethics and law in the pluralist societies in which most students will practise. Four examples of topics from medical ethics teaching are described to support this claim. Australasian medical ethics teachers have paid less attention to the role of law in their curricula than their United Kingdom counterparts. Questions like the one addressed here will help inform future deliberations concerning minimal requirements for teaching medical ethics.

  18. Surface Processes and Hack's law

    Science.gov (United States)

    Walcott, R.

    2010-12-01

    Hack’s law describes the non-linear relationship between the area of a catchment and the length of the longest stream within it. First described in the 1950’s based on a small area in the Appalachians, more recent studies have suggested that this relationship is consistent for over 13 orders of magnitude. As a result Hack’s law is generally considered as one of the fundamental morphological relationships of geomorphology and much effort has been devoted to understanding its origins. This law suggests that catchments are scale independent, however, recent work has demonstrated that the form of catchments varies depending on the type of surface processes operating within the catchment. In this paper we analyse the relationship between hillslope processes and Hack’s law for catchments that range over several orders of magnitude in size in the Himalaya and Chile. We show that Hack’s law varies systematically depending on the mean slope of a catchment. As the dominant process that operates within a catchment also varies with slope and scales with catchment size our findings have important implications for the robustness of Hack’s law and the scale independence of catchments.

  19. Random stress and Omori's law

    CERN Document Server

    Kagan, Yan Y

    2010-01-01

    We consider two statistical regularities that were used to explain Omori's law of the aftershock rate decay: the Levy and Inverse Gaussian (IGD) distributions. These distributions are thought to describe stress behavior influenced by various random factors: post-earthquake stress time history is described by a Brownian motion. Both distributions decay to zero for time intervals close to zero. But this feature contradicts the high immediate aftershock level according to Omori's law. We propose that these statistical distributions are influenced by the power-law stress distribution near the earthquake focal zone and we derive new distributions as a mixture of power-law stress with the exponent psi and Levy as well as IGD distributions. Such new distributions describe the resulting inter-earthquake time intervals and closely resemble Omori's law. The new Levy distribution has a pure power-law form with the exponent -(1+psi/2) and the mixed IGD has two exponents: the same as Levy for small time intervals and -(1+...

  20. Made Law - Given Law / Gemachtes Recht - gegebenes Recht

    Directory of Open Access Journals (Sweden)

    Lorenz Engi

    2007-08-01

    Full Text Available Modern law has shifted towards a positivistic mode of reasoning,and is the instrument of a form of politics that claims wide‐ranging rights of control. In combination with an increase of environmental complexity, law is impacted strongly. It is quantitatively extended, thereby losing its normative power. A globalization of world conditions enters the situation as a new factor. As law has the ability to globalize itself, whereas politics can only do so in a limited way (not a world state, possibilities for a partial re‐disengagement of law from politics result from this. Law is now able to face politics more strongly from a basis of legitimization that is independent from politics.Das Recht der Moderne ist auf den Begründungsmodus der Positivität umgestellt, und es ist Instrument einer Politik mit weitreichendem Steuerungsanspruch. In Kombination mit einer Steigerung der Umweltkomplexität ergibt sich daraus für das Recht eine starke Belastung. Es wird quantitativ ausgedehnt, an normativer Kraft aber eher ärmer. Als neuer Faktor tritt die Globalisierung der Weltverhältnisse in diese Situation ein. Da das Recht sich globalisieren kann, die Politik aber nur begrenzt (kein Weltstaat, ergeben sich daraus Möglichkeiten der partiellen Wiederabkoppelung des Rechts von der Politik. Das Recht könnte der Politik von politikunabhängigen Legitimationsgrundlagen her verstärkt wieder eigenständig gegenübertreten .

  1. Beyond Reductionism Twice: No Laws Entail Biosphere Evolution, Formal Cause Laws Beyond Efficient Cause Laws

    OpenAIRE

    Kauffman, Stuart

    2013-01-01

    Newton set the stage for our view of how science should be done. We remain in what I will call the `Newtonian Paradigm' in all of physics, including Newton, Einstein, and Schrodinger. As I will show shortly, Newton invented and bequeathed to us `efficient cause entailing laws' for the entire becoming of the universe. With Laplace this became the foundation of contemporary reductionism in which all that can happen in the world is due to efficient cause entailing laws. More this framework stand...

  2. Hiding dependence-discovery of F-hiding laws and system laws

    Institute of Scientific and Technical Information of China (English)

    Zhou Houyong; Huang Shunliang; Shi Kaiquan

    2009-01-01

    Function one direction S-rough sets have dynamic characteristics and law characteristics. By using the function one direction S-rough sets, this article presents the concepts of the f-hiding law, F-hiding law, f-hiding law dependence and F-hiding law dependence. Based on the concepts above, this article proposes the hiding-dependence theorem of f-hiding laws, the hiding-dependence theorem of F-hiding laws, the hiding-dependence separation theorem, the hiding dependencs-discovery principle of unknown laws. Finally, the application of the hiding dependence of hiding laws in the discovery of system laws is given.

  3. Nuclear law and disorder

    International Nuclear Information System (INIS)

    One would like to say that world attention will be focussed on the 2005 Review Conference of the Nuclear Non-Proliferation Treaty (NPT), that governments will rush to implement the 13 Practical Steps to nuclear disarmament already agreed on, that the combined actions of the political and civil order will greatly reduce the present high level of danger of the use of nuclear weapons. Unfortunately, in the real world of political disorder that we live in, none of this is likely to occur. There is no doubt in my mind that the present crisis is the worst the NPT has experienced. The treaty is on the verge of collapse, and the proliferation of nuclear weapons, both among those who already have them and those who want them, is staring us in the face. It is truly shocking that the public knows so little about the nature of the danger and that governments, for the most part, are so desultory in their approach to the upholding of law. While NPT meetings have never been free of conflict, the battles of the past were frequently patched over by an application of goodwill and a minimum show of trust. Now the goodwill and trust are gone largely because the nuclear-weapons States (NWS) have tried to change the rules of the game. Adherence to that bargain enabled the indefinite extension of the treaty in 1995 and the achievement of an 'unequivocal undertaking' in 2000 toward elimination through a programme of 13 Practical Steps. Now the US is rejecting the commitments of 2000 and premising its aggressive diplomacy on the assertion that the problem of the NPT lies not in the NWS's own actions but in the lack of compliance by States such as North Korea and Iran. Brazil bluntly warned: 'The fulfillment of the 13 steps on nuclear disarmament agreed during the 2000 Review Conference have been significantly - one could even say systematically - challenged by action and omission, and various reservations and selective interpretation by Nuclear Weapon States.' The whole international

  4. Religious law versus secular law The example of the get refusal in Dutch, English and Israeli law

    NARCIS (Netherlands)

    Blois, M. de

    2010-01-01

    The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but als

  5. Improving Student Understanding of Coulomb's Law and Gauss's Law

    CERN Document Server

    Singh, Chandralekha

    2016-01-01

    We discuss the development and evaluation of five research-based tutorials on Coulomb's law, superposition, symmetry and Gauss's Law to help students in the calculus-based introductory physics courses learn these concepts. We discuss the performance of students on the pre-/post-tests given before and after the tutorials in three calculus-based introductory physics courses. We also discuss the performance of students who used the tutorials and those who did not use it on a multiple-choice test which employs concepts covered in the tutorials.

  6. A REALISTIC CRITICAL OUTLOOK ON LAW: SOCIOLOGY OF LAW

    OpenAIRE

    Türkbağ, Ahmet Ulvi

    2012-01-01

    Positive law or a legal system as a closed logical system has its own inner coherence and this characteristic is a very important element of a system. It is important because the logical structure of norms which lead concepts and conceptions, at least in theory, is the guarantee of objectiveness or impartiality (thus ‘rule of law') of a legal system. In the second part of the nineteenth century and the first decade of the twentieth century however, legal theory was dominated by a kind o...

  7. Environmental law. 3. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Erbguth, Wilfried [Rostock Univ. (Germany); Schlacke, Sabine [Bremen Univ. (Germany)

    2010-07-01

    The topic environment law is a permanent component of the legal study and an emphasis examination within the first legal state examination. The text book under consideration about environment law deals with the general environment law and the special environment law. The chapter 'general environment law' considers the following aspects: Basic principles (environment, environmental protection); environment law; basic principles of the environment law; environmental constitutional law; instrument of the environment law; legal protection in the environment law; environmental European right; environmental international law. The chapter 'special environment law' considers the following aspects: Pollution protection law; nature conservation law and landscape conservation law; water protection law; cycle economy law and waste management law; soil conservation law and refuse dump law; genetic engineering law; climatic protection law.

  8. The epochs of international law

    CERN Document Server

    Grewe, Wilhelm G

    2000-01-01

    A theoretical overview and detailed analysis of the history of international law from the Middle Ages through to the end of the twentieth century (updated from the 1984 German language edition). Wilhelm Grewe's "Epochen der Völkerrechtsgeschichte" is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Oxford University makes this important book available to non-German readers for the first time. "The Epochs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm Grewe and Michael Byers, updates the book to 1998, making the revised translation of interest ...

  9. The molecular concept of law

    Directory of Open Access Journals (Sweden)

    Hendrik Gommer

    2011-04-01

    Full Text Available In his famous work The Concept of Law Hart asked himself the question 'what is law?' Hart makes a very strict distinction between rules and morals: morals are rooted in biology, rules source back to society. Hart's sociological truisms have proven to be untrue, because modern evolutionary biology is not about the survival of the individual (or even of a species but about the spreading of genes. This knowledge changes the fundamentals of Hart's theory and therefore his theory as a whole. In addition, my theory captures vital insights of Dworkin, legal realism, Posner and CLS, while at the same time forming a significant improvement upon them.In essence, the biological theory of law presented in this article is based on fractal patterns. Macroscale patterns recur in microscale patterns. The spreading of genes depends on important characteristics of genes: they are stable, they replicate, they need nutrients to replicate and they can cooperate. Superficially, genes, cells, organisms and groups may seem to act purposefully, but it is merely a pattern, with genes as generators, that brings structure to chaos. Human desires are in fact the needs of their genes. Thanks to language, morals can be put in words and become rules. To keep everyone working together, we need an ingenious device - like the law - to maintain that complex situations can continue to be judged on the basis of the simple principle of stability and reciprocity. To a degree, therefore, law itself can be derived from unconscious emotions and morals.

  10. Three laws of energy transitions

    International Nuclear Information System (INIS)

    The paper formulates and explores a hypothesis on three general energy transition laws: the law of stable long-term energy costs to income ratio; the law of improving energy quality; and the law of growing energy productivity. These laws are essential for shaping long-term projections and checking for their consistency. All three are rooted in amazingly stable in time and universal across countries energy costs to income ratios. Limited energy purchasing power sets up thresholds, which, if exceeded, bring asymmetry to energy demand to price elasticity. The author believes, that the theoretical postulate on the substantial substitution among production factors, which is used in the production functions theory, may be incorrect. In reality, innovations mainly lead to the substitution of a low-quality production factor with the same yet of a better-quality. Improving energy quality with stable costs to income ratio is accompanied by growing energy productivity. Energy costs to income thresholds are indicators allowing for better projections of oil prices

  11. On the integration of public law jurisprudence

    Institute of Scientific and Technical Information of China (English)

    YUAN Shuhong

    2006-01-01

    After two to three hundred years of development,modern public laws have become more and more important,mature and integrated especially since the 20th century.Traditionally,the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law,administrative law,criminal law,procedural law,international public law,etc.Nevertheless,with all-around emergence of public law,the traditional research method can no longer adapt to the development needs of the modern public law.Therefore,it is quite necessary for us to create a kind of moderate unified public law between the laws and the sectional public laws,so as to do comprehensive,integrated and systematic researches on various sectional public laws.Based on the indepth argumentation about the necessity of developing unified public laws,this paper further puts forward that,to discuss an all-encompassing way about the main problems of creating the unified public laws and expect to fill the gap with it,the unified public law should define its study objectives mainly focused on the contents of integrated public law criteria,common public law features and general public law rules and so on;form its theoretical basis on the line of the relations between public power and the citizen privilege;establish its category structure found on the concept of public power and the derivative core and basic categories;and build up the disciplinary system based on the systematic integrity of the public law research results.

  12. THE USE OF LAW INFORMATION SOURCES IN LEGAL RESEARCH BY NIGERIAN UNIVERSITIES LAW STUDENTS

    OpenAIRE

    Olorunfemi, Doreen Yemisi

    2015-01-01

    The paper investigated the law information sources used in legal research among undergraduate law students in Nigeria universities. Twelve faculty of law libraries were purposively selected from among the thirty four universities that offer law in the country. In all, 1534 law students were randomly selected from the total population of 7219 registered law students at the time of this study. A descriptive survey method was used to obtain open and close ended data from law students, 82% respon...

  13. Chronicle 1998, Administrative law/Droit administratif

    NARCIS (Netherlands)

    Bok, A.J.

    1999-01-01

    In this contribution, two recent developments in Dutch administrative law are discussed. The codification of administrative law in a General Administrative Law Act (1994) has contributed much to this field of law, but has also caused additional legal complications for the administration. In 1997 the

  14. Derivation of the Ideal Gas Law

    Science.gov (United States)

    Laugier, Alexander; Garai, Jozsef

    2007-01-01

    Undergraduate and graduate physics and chemistry books usually state that combining the gas laws results in the ideal gas law. Leaving the derivation to the students implies that this should be a simple task, most likely a substitution. Boyle's law, Charles's law, and the Avogadro's principle are given under certain conditions; therefore, direct…

  15. Space Law Conference 2004 Held in Beijing

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    pace Law Conference 2004 Iointly organized by International Institute of Space Law (IISL) and China Institute of Space Law (CISL) was held in Beijing, China on 26427 April 2004. The purpose of this conference is to increase knowledge and expertise relating to space law in China and the

  16. 14 CFR 155.3 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Applicable law. 155.3 Section 155.3... RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS § 155.3 Applicable law. (a... transfer to the requirements of applicable law. Based on the laws cited in this paragraph,...

  17. 22 CFR 231.16 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 231.16 Section 231.16 Foreign... EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND CONDITIONS § 231.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws...

  18. 32 CFR 842.66 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 842.66 Section 842.66 National... CLAIMS Foreign Claims (10 U.S.C. 2734) § 842.66 Applicable law. This paragraph provides guidance to determine the applicable law for assessment of liability. (a) A claim is settled under the law and...

  19. 7 CFR 1900.102 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 12 2010-01-01 2010-01-01 false Applicable law. 1900.102 Section 1900.102 Agriculture... GENERAL Applicability of Federal Law § 1900.102 Applicable law. Loans made by FmHA or its successor agency under Public Law 103-354 are authorized and executed pursuant to Federal programs adopted by Congress...

  20. Teaching International Law: Concepts in International Relations

    Science.gov (United States)

    Starbird, Caroline; Pettit, Jenny; Singleton, Laurel

    2004-01-01

    This book is designed to introduce students to public international law. Topics covered include international public organizations, such as the United Nations and World Trade Organization, international courts, international human rights law, international trade law, and international environmental law. The goal of each study is to examine how…

  1. State Constitutional Law: Teaching and Scholarship.

    Science.gov (United States)

    Williams, Robert F.

    1991-01-01

    State constitutional law is an emerging area for legal education, partly because of state supreme court decisions relying on state rather than federal constitutional law. Studying state constitutional law highlights similarities and diversity of legal and governmental systems. Interest in establishment of curricula and materials in state law is…

  2. A new Newton's law of cooling?

    Science.gov (United States)

    Kleiber, M

    1972-12-22

    Several physiologists confuse Fourier's law of animal heat flow with Newton's law of cooling. A critique of this error in 1932 remained ineffective. In 1969 Molnar tested Newton's cooling law. In 1971 Strunk found Newtonian cooling unrealistic for animals. Unfortunately, he called the Fourier formulation of animal heat flow, requiring post-Newtonian observations, a "contemporary Newtonian law of cooling."

  3. [Law-making "pioneers" of scientometrics].

    Science.gov (United States)

    Schubert, András; Schubert, Gábor

    2016-01-10

    The three much cited laws of scientometrics are the laws of Bradford, Lotka and Zipf. The authors briefly review the scientific career of the men behind the names, and that how they discovered the laws named after them. An outline is also given of the scientific aftermath of the laws and of the oeuvre of their eponym.

  4. Introductory Guide to European Corporate Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex

    Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law.......Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law....

  5. Drought, Sustainability, and the Law

    Directory of Open Access Journals (Sweden)

    Robert W. Adler

    2010-07-01

    Full Text Available Researchers and responsible officials have made considerable progress in recent years in efforts to anticipate, plan for, and respond to drought. Some of those efforts are beginning to shift from purely reactive, relief-oriented measures to programs designed to prevent or to mitigate drought impacts. Considerably less attention has been given to laws that may affect practices and policies that either increase or decrease drought vulnerability. Water law regimes, drought response and relief legislation, and laws governing broader but related issues of economic policy—especially agricultural policy—should be evaluated more comprehensively to enhance incentives for more ―water sustainable‖ practices in agriculture and other sectors of the economy. Those changes will be increasingly important if current climate change models are correct in their prediction that many parts of the world can expect more frequent and more severe conditions of meteorological drought in the ensuing decades.

  6. Zipf Law for Brazilian Cities

    CERN Document Server

    Moura, N J; Jr., Newton J. Moura; Ribeiro, Marcelo B.

    2006-01-01

    This work studies the Zipf Law for cities in Brazil. Data from censuses of 1970, 1980, 1991 and 2000 were used to select a sample containing only cities with 30,000 inhabitants or more. The results show that the population distribution in Brazilian cities does follow a power law similar to the ones found in other countries. Estimates of the power law exponent were found to be 2.22 +/- 0.34 for the 1970 and 1980 censuses, and 2.26 +/- 0.11 for censuses of 1991 and 2000. More accurate results were obtained with the maximum likelihood estimator, showing an exponent equal to 2.41 for 1970 and 2.36 for the other three years.

  7. Rule of Law Fully Founded

    Institute of Scientific and Technical Information of China (English)

    XIN CHUNYING

    2011-01-01

    Governing the country according to the law and building a socialist state with rule of law are fundamental strategies for running the country under the leadership of the Communist Party of China.Since the founding of the People's Republic of China,especially over the past three decades of reform and opening-up,through the unremitting efforts of the National People's Congress and its Standing Committee,the State Council,the local people's congresses and their standing committees,as well as all sectors of society,by the end of August,2011,China had enacted the Constitution and the 240 laws,706 administrative regulations and more than 8,600 local regulations that are now in force.

  8. Private Law: rights, duties & conflicts

    DEFF Research Database (Denmark)

    When the International Association of IT Lawyers (IAITL) held its first international conference in 2006 in Hamburg, it could never have been envisaged just how successful the programme would become as a firm 'not to be missed' date of the calendar of increasing numbers of academics and others...... working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...

  9. Amdahl's and Gustafson-Barsis laws revisited

    CERN Document Server

    Karbowski, Andrzej

    2008-01-01

    The paper presents a simple derivation of the Gustafson-Barsis law from the Amdahl's law. In the computer literature these two laws describing the speedup limits of parallel applications are derived separately. It is shown, that treating the time of the execution of the sequential part of the application as a constant, in few lines the Gustafson-Barsis law can be obtained from the Amdahl's law and that the popular claim, that Gustafson-Barsis law overthrows Amdahl's law is a mistake.

  10. Two Concepts of Law of Nature

    OpenAIRE

    Shea, Brendan

    2013-01-01

    I argue that there are at least two concepts of law of nature worthy of philosophical interest: strong law and weak law. Strong laws are the laws investigated by fundamental physics, while weak laws feature prominently in the “special sciences” and in a variety of non-scientific contexts. In the first section, I clarify my methodology, which has to do with arguing about concepts. In the next section, I offer a detailed description of strong laws, which I claim satisfy four criteria: (1) If it...

  11. Pak Dusa's law: Thoughts on law, legal knowledge and power

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2005-01-01

    This paper examines the ways in which law, legal knowledge and power become involved in social interaction. Any such interaction takes place within and is constrained and enabled by actual and imagined "power fields", constituted by configurations of relations of autonomy and dependence. Legally con

  12. Positive Positive Law: a Dworkinian Move in Dutch Environmental Law

    NARCIS (Netherlands)

    H. Borgers; J. van der Heijden

    2012-01-01

    This paper starts with the practice of spatial development, and with legal practice, to come up with three reasons why a new environmental act is necessary. The Dutch legislature is working on that these years and in its commission we’ve been looking for change within environmental law. Our first st

  13. TEACHING LAW TO ONLINE LAW STUDENTS AT RMIT UNIVERSITY

    Directory of Open Access Journals (Sweden)

    an BABACAN

    2011-04-01

    Full Text Available This paper discusses the online Juris Doctor Program (JD Program at RMIT University. The first part of the paper provides a brief overview of the JD Program, the graduate capabilities of the Program and key principles associated with the teaching of law to online postgraduate students. In line with the literature in the area of online teaching and learning, it is argued that online education needs to facilitate deep learning and needs to be based on principles relating to student engagement and active participation.The second part of the paper showcases some of the courses that are taught on an online basis in the JD Program. A blended approach is adapted to the teaching of the advocacy as well as the Negotiation and Dispute Resolution courses. The Contracts Law course adopts a conversational framework to engage online law students. In discussing the online teaching and assessment practices in this course, the paper demonstrates how the teaching and assessment practices in these courses enhance deep learning and graduate skills and attributes essential for law students through premising the activities on principles relating to active learning and deep learning.

  14. Law of parity conservation and other symmetry laws of physics

    International Nuclear Information System (INIS)

    The general role of symmetry laws in physics is discussed and the development that led to the disproof of parity conservation is reviewed. The possibility that other invariance principles, e.g., time-reversal invariance, may be violated is suggested

  15. Newton's Laws, Euler's Laws and the Speed of Light

    Science.gov (United States)

    Whitaker, Stephen

    2009-01-01

    Chemical engineering students begin their studies of mechanics in a department of physics where they are introduced to the mechanics of Newton. The approach presented by physicists differs in both perspective and substance from that encountered in chemical engineering courses where Euler's laws provide the foundation for studies of fluid and solid…

  16. The character of physical law: seeking new laws

    CERN Multimedia

    BBC TV Science & Features

    1965-01-01

    In this series of Messenger Lectures given at Cornell University, Nobel Prize winning theoretical physicist Richard Feynman explores physical principles and the study of physics. In this talk Dr. Feynman considers our knowledge of the p hysical world and looks at the art of guessing as a useful method for discovering new physical laws.

  17. Thermodynamic laws in isolated systems.

    Science.gov (United States)

    Hilbert, Stefan; Hänggi, Peter; Dunkel, Jörn

    2014-12-01

    The recent experimental realization of exotic matter states in isolated quantum systems and the ensuing controversy about the existence of negative absolute temperatures demand a careful analysis of the conceptual foundations underlying microcanonical thermostatistics. Here we provide a detailed comparison of the most commonly considered microcanonical entropy definitions, focusing specifically on whether they satisfy or violate the zeroth, first, and second laws of thermodynamics. Our analysis shows that, for a broad class of systems that includes all standard classical Hamiltonian systems, only the Gibbs volume entropy fulfills all three laws simultaneously. To avoid ambiguities, the discussion is restricted to exact results and analytically tractable examples. PMID:25615053

  18. Snell's Law for Spin Waves

    Science.gov (United States)

    Stigloher, J.; Decker, M.; Körner, H. S.; Tanabe, K.; Moriyama, T.; Taniguchi, T.; Hata, H.; Madami, M.; Gubbiotti, G.; Kobayashi, K.; Ono, T.; Back, C. H.

    2016-07-01

    We report the experimental observation of Snell's law for magnetostatic spin waves in thin ferromagnetic Permalloy films by imaging incident, refracted, and reflected waves. We use a thickness step as the interface between two media with different dispersion relations. Since the dispersion relation for magnetostatic waves in thin ferromagnetic films is anisotropic, deviations from the isotropic Snell's law known in optics are observed for incidence angles larger than 25 ° with respect to the interface normal between the two magnetic media. Furthermore, we can show that the thickness step modifies the wavelength and the amplitude of the incident waves. Our findings open up a new way of spin wave steering for magnonic applications.

  19. Marketing the Rule of Law

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    Looking back at the last three decades of reform and opening up in China, many components of this process can now be examined in an attempt to ascertain what part they have played in the country’s political,social and economic growth.Rule of law and a harmonious society are some of the issues at stake.Professor Jiang Ping,former President of China University of Political Science and Law,discusses these and other areas of reform in an interview with China Economic Weekly.

  20. The molecular concept of law

    OpenAIRE

    Hendrik Gommer

    2011-01-01

    In his famous work The Concept of Law Hart asked himself the question 'what is law?' Hart makes a very strict distinction between rules and morals: morals are rooted in biology, rules source back to society. Hart's sociological truisms have proven to be untrue, because modern evolutionary biology is not about the survival of the individual (or even of a species) but about the spreading of genes. This knowledge changes the fundamentals of Hart's theory and therefore his theory as a whole. In a...

  1. Climate protection laws in Taiwan

    International Nuclear Information System (INIS)

    The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

  2. In search of fundamental laws

    CERN Document Server

    Pleitez, V

    1999-01-01

    One of the main activities in science teaching, and in particular in Physics teaching, is not only the discussion of both modern problems and problems which solution is an urgent matter. It means that the picture of an active and alive science should be transmitted to the students, mainly to the College students. A central point in this matter is the issue which characterizes the Fundamental Laws of Nature. In this work we emphasize that this sort of laws may exist in areas which are different from those usually considered. In this type of discussion it is neither possible nor desirable to avoid the historical perspective of the scientific development.

  3. Fresh Look at Gray Law

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    On December 7,Beijing Review interviewed Cao Bingliang,an official with the CNCA,on potential changes to the Elderly Law adopted in 1996 and the challenges of protecting China’s elderly. Beijing Review:Why is an Elderly Law necessary? Cao Bingliang:In gener- al,the elderly are a vulnerable group.China used to be a patri- archal society.Households were managed by the older generation.The eldest was the most powerful in a household. Rapid social economic devel- opment in the country has

  4. Principles of European Company Law

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2010-01-01

    The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us, and this is presen......The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us...

  5. Jesus and the law revisited

    Directory of Open Access Journals (Sweden)

    William R.G. Loader

    2011-06-01

    Full Text Available This article revisited the issue of Jesus’ attitude towards the Torah on the basis of a critical discussion of the most recent extensive treatment of the theme by Meier in his A marginal Jew: Rethinking the historical Jesus: Volume four: Law and love (2009. It engaged Meier’s contribution in the light of contemporary research, concluding that, whilst Meier provided an erudite analysis, his thesis that Jesus’ teaching on divorce and oaths revoked Mosaic law did not convince, for it did not adequately consider the extent to which the contemporary interpretation of the Torah could encompass such radicalisation.

  6. Environmental Laws and Sustainability: An Introduction

    OpenAIRE

    2011-01-01

    In this introduction to the special issue of Sustainability on environmental laws and sustainability, we attempt to synthesize key lessons from the issue’s ten substantive articles. These lessons involve the use of law to achieve integrated decision-making, the use of pre-existing laws to foster sustainability, the centrality of sub-national governments in achieving sustainability, the background law of unsustainable development, the growing importance of climate change, the need to use law...

  7. Tempered stable laws as random walk limits

    OpenAIRE

    Chakrabarty, Arijit; Meerschaert, Mark M.

    2010-01-01

    Stable laws can be tempered by modifying the L\\'evy measure to cool the probability of large jumps. Tempered stable laws retain their signature power law behavior at infinity, and infinite divisibility. This paper develops random walk models that converge to a tempered stable law under a triangular array scheme. Since tempered stable laws and processes are useful in statistical physics, these random walk models can provide a basic physical model for the underlying physical phenomena.

  8. Pecularities of Afghanistan’s criminal law

    OpenAIRE

    Omirzhanov Yesbol; Seraj Qutbul Arefin

    2015-01-01

    This article addresses the peculiarities of Afghanistan’s criminal law. It includes brief information about criminal law of Afghanistan, afghan penal code, the role of Shari’a and its relationship with the criminal law of Afghanistan. Also, this article discusses the core components of the afghan criminal law: the elements of a crime, criminal liability, punishment, and crimes proscribed under Afghan law. Some recommendations are focused in the article to remove the weak points and problems o...

  9. The ethics of international animal law

    OpenAIRE

    Kivinen, Tero

    2014-01-01

    This thesis analyzes international animal law, understood broadly as any international legal regulation pertaining to animals. The purpose of the thesis is to explain the moral implications of this branch of international law: how the law perceives the animal and how it believes animals ought to be treated. It attempts to do so by contrasting the law with moral philosophy pertaining to the status and treatment of animals as well as the core characteristics of the branch of animal law found in...

  10. A Law of Physics in the Classroom: The Case of Ohm's Law

    Science.gov (United States)

    Kipnis, Nahum

    2009-01-01

    Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…

  11. Legal certainty and Commercial Law: a comparative perspective (common law x civil law

    Directory of Open Access Journals (Sweden)

    Fábio Ulhoa Coelho

    2015-06-01

    Full Text Available The purpose of this article is to discuss the issue of legal certainty. It reviews the legal certainty in the ambit of Brazilian Law, a civil law jurisdiction. The concept of legal certainty is delimited and its importance for economy and commercial relations is discussed. The most important aspect of legal certainty is “ideology”. The judicial legitimacy of the same-sex family union in Brazil is a highly notable case in which we can see that a norm is interpreted differently when the ideology changes. As “ideology matters”, if a country wants to provide more legal certainty, it has to develop actions aiming at changing the ideology. The conclusion suggests the thesis that ideology would be the most important aspect in the matter of legal certainty also in common law jurisdictions.

  12. Family Law: Notes from China.

    Science.gov (United States)

    Bell, Cynthia J.

    1983-01-01

    Describes the newly emerging legal system of the People's Republic of China, particularly the 1980 marriage law and its effects on marriage customs and divorce. In China, many roles perceived as social work roles are blended with the role of attorney. (JAC)

  13. Various Paths to Faraday's Law

    Science.gov (United States)

    Redzic, Dragan V.

    2008-01-01

    In a recent note, the author presented a derivation of Faraday's law of electromagnetic induction for a closed filamentary circuit C(t) which is moving at relativistic velocities and also changing its shape as it moves via the magnetic vector potential. Recently, Kholmetskii et al, while correcting an error in an equation, showed that it can be…

  14. Transgender Discrimination and the Law

    Science.gov (United States)

    Trotter, Richard

    2010-01-01

    An emerging area of law is developing regarding sex/gender identity discrimination, also referred to as transgender discrimination, as distinguished from discrimination based on sexual orientation. A transgendered individual is defined as "a person who has a gender-identity disorder which is a persistent discomfort about one?s assigned sex or…

  15. The stagnation of international law

    NARCIS (Netherlands)

    Pauwelyn, Joost; Wessel, R.A.; Wouters, Jan

    2012-01-01

    Traditional international law and its instruments are stagnating both in terms of quantity and quality. New, alternative forms of cross-border cooperation, in particular processes of informal international lawmaking, have emerged and gained prominence since the 2000s in response to an increasingly d

  16. Censorship, Schooling, and the Law.

    Science.gov (United States)

    Fischer, Louis; Sorenson, Gail Paulus

    1979-01-01

    This essay highlights issues in the legal aspects of school related censorship and summarizes the current law under the following categories: general considerations, the Tinker principle, prior review of student publications, censorship of classroom speech and materials, and censorship of library resources. (Author)

  17. The Law of the Sea

    Science.gov (United States)

    Levy, Jean-Pierre

    1978-01-01

    Recounts problems related to the law of the sea and suggests that these problems could be dealt with in the classroom in an interdisciplinary manner. Problems include pollution control, fishing rights, development of deep sea mineral deposits, and shore access. (Author/DB)

  18. A Venture in Constitutional Law.

    Science.gov (United States)

    Cole, W. Graham; Dillon, Dorothy H.

    1980-01-01

    Senior high girls and boys from two single-sex schools undertook a study of a Supreme Court case that provided insight not only into constitutional law and history but also into how men and women can work together and relate in other ways than dating. (DS)

  19. Newton's Law of Cooling Revisited

    Science.gov (United States)

    Vollmer, M.

    2009-01-01

    The cooling of objects is often described by a law, attributed to Newton, which states that the temperature difference of a cooling body with respect to the surroundings decreases exponentially with time. Such behaviour has been observed for many laboratory experiments, which led to a wide acceptance of this approach. However, the heat transfer…

  20. The Subject Before the Law

    DEFF Research Database (Denmark)

    Simonsen, Karen-Margrethe

    2013-01-01

    This article presents a critical discussion of the importance and use of narration within the law. It takes its point of departure in Robert Musil's "The Man Without Qualities", especially focusing on the Moosbrugger case, the resemblance between the criminal Moosbrugger and the intellectual hero...

  1. The Law of Information Inconservation.

    Science.gov (United States)

    Yang, Qi Quan

    1990-01-01

    Compares the notion of the conservation or inconservation of information with the laws of conservation of matter and energy. The theory of entropy in physics and its significance in information theory is discussed, and the essential nature of information is considered. (LRW)

  2. Dyslexia Laws in the USA

    Science.gov (United States)

    Youman, Martha; Mather, Nancy

    2013-01-01

    Throughout the various states of the USA, the appropriate identification of dyslexia and the timely provision of interventions are characterized by variability and inconsistency. Several states have recognized the existence of this disorder and the well-established need for services. These states have taken proactive steps to implement laws and…

  3. Cryonic Suspension and the Law.

    Science.gov (United States)

    Smith, George P.; Hall, Clare

    1987-01-01

    Analyzes three central problems which adversely affect use, development, and perfection of cryonic suspension of individuals: the extent to which a physician may be guilty of malpractice in assisting with a suspension; the need for a recognition of suspension; and the present effect of the law's anachronistic treatment of estate devolution upon a…

  4. Lotka's Law and Institutional Productivity.

    Science.gov (United States)

    Kumar, Suresh; Sharma, Praveen; Garg, K. C.

    1998-01-01

    Examines the applicability of Lotka's Law, negative binomial distribution, and lognormal distribution for institutional productivity in the same way as it is to authors and their productivity. Results indicate that none of the distributions are applicable for institutional productivity in engineering sciences. (Author/LRW)

  5. Lotka's Law: A Testing Procedure.

    Science.gov (United States)

    Pao, Miranda Lee

    1985-01-01

    A step-by-step outline is presented for testing the applicability of Lotka's law of scientific productivity. Steps include the computation of the values of the exponent and constant based on Lotka's method and the test for significance of observed frequency distribution against the estimated theoretical distribution derived from Lotka's formula.…

  6. School Law in Review 1997.

    Science.gov (United States)

    Pacific Association for Continuing Education, Vancouver (British Columbia).

    This compilation of the presentations delivered at the NSBA Council of School Attorneys' Annual School Law Seminar includes the following papers: (1) "The 'Dimensions' of Trial Advocacy" (Keith Evans); (2) "Attention Deficit Hyperactivity Disorder (ADHD): Who Has It and Who Doesn't" (Jerry L. Wyckoff); (3) "Student-to-Student Sexual Harassment and…

  7. General Laws and Centripetal Science

    NARCIS (Netherlands)

    Jagers Op Akkerhuis, G.A.J.M.

    2014-01-01

    The large number of discoveries in the last few decades has caused a scientific crisis that is characterised by overspecialisation and compartmentalisation. To deal with this crisis, scientists look for integrating approaches, such as general laws and unifying theories. Representing what can be cons

  8. EU Law and Multiple Discrimination

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    2006-01-01

    In EU law, nationality and gender were the only equality issues on the legal agenda from the outset in 1958 and for about 40 years. Multiple discrimination was not addressed until the 1990's. The intersectionality approach which has been widely discussed outside Europe has mainly been used...

  9. Predictive implications of Gompertz's law

    Science.gov (United States)

    Richmond, Peter; Roehner, Bertrand M.

    2016-04-01

    Gompertz's law tells us that for humans above the age of 35 the death rate increases exponentially with a doubling time of about 10 years. Here, we show that the same law continues to hold up to age 106. At that age the death rate is about 50%. Beyond 106 there is so far no convincing statistical evidence available because the number of survivors are too small even in large nations. However, assuming that Gompertz's law continues to hold beyond 106, we conclude that the mortality rate becomes equal to 1 at age 120 (meaning that there are 1000 deaths in a population of one thousand). In other words, the upper bound of human life is near 120. The existence of this fixed-point has interesting implications. It allows us to predict the form of the relationship between death rates at age 35 and the doubling time of Gompertz's law. In order to test this prediction, we first carry out a transversal analysis for a sample of countries comprising both industrialized and developing nations. As further confirmation, we also develop a longitudinal analysis using historical data over a time period of almost two centuries. Another prediction arising from this fixed-point model, is that, above a given population threshold, the lifespan of the oldest persons is independent of the size of their national community. This prediction is also supported by empirical evidence.

  10. Predictive implications of Gompertz's law

    CERN Document Server

    Richmond, Peter

    2015-01-01

    Gompertz's law tells us that for humans above the age of 35 the death rate increases exponentially with a doubling time of about 10 years. Here, we show that the same law continues to hold even for ages over 100. Beyond 106 there is so far no statistical evidence available because the number of survivors is too small even in the largest nations. However assuming that Gompertz's law continues to hold beyond 106, we conclude that the mortality rate becomes equal to 1 at age 120 (meaning that there are 1,000 deaths in a population of one thousand). In other words, the upper bound of human life is near 120. The existence of this fixed-point has interesting implications. It allows us to predict the form of the relationship between death rates at age 35 and the doubling time of Gompertz's law. In order to test this prediction, we first carry out a transversal analysis for a sample of countries comprising both industrialized and developing nations. As further confirmation, we also develop a longitudinal analysis usi...

  11. [Forensic psychiatry and Islamic law].

    Science.gov (United States)

    Geferakos, G; Lykouras, L; Douzenis, A

    2014-01-01

    Islam is the second most popular monotheistic religion in the world. Its followers, the Muslims, are about 1.2 billion people and are the majority in 56 countries around the globe. Islam is an holistic way and model of life and its rules, according to a large proportion of Muslims, should have more power than the laws deriving from any secular authority. This means that the divine laws, as depicted from Islam's holy scripts, should be the laws of the land. In the strict Islamic states, as Saudi Arabia, the Islamic law or the Shari'ah prevails. Shari'ah means the path, the road each faithful Muslim should follow according to the rules of God. The Islamic views on mental health have some interesting characteristics: on the one hand, the moral necessity for the protection and care of the vulnerable individuals is very strong, but on the other hand superstitions and stigmatization influence the peoples' attitude against mental health patients. At the beginning of its historical course, Islamic world was a pioneer concerning mental health care. Unfortunately, as time passed by, we have observed considerable regression. In our days mental health services provided in most of the Islamic states cannot be considered adequate according to modern Western standards. The same course characterizes the Forensic Psychiatric services and the relevant legislation in the Islamic world.

  12. Scaling Laws of Polyelectrolyte Adsorption

    OpenAIRE

    Borukhov, I.; Andelman, D.; Orland, H.

    1997-01-01

    Adsorption of charged polymers (polyelectrolytes) from a semi-dilute solution to a charged surface is investigated theoretically. We obtain simple scaling laws for (i) the amount of polymer adsorbed to the surface, Gamma, and (ii) the width of the adsorbed layer D, as function of the fractional charge per monomer p and the salt concentration c_b. For strongly charged polyelectrolytes (p

  13. Chinese Insolvency Law Lacks Teeth

    NARCIS (Netherlands)

    B. Krug (Barbara); N.E. Betancourt (Nathan); H. Hendrischke (Hans)

    2011-01-01

    textabstractThe speed by which China has moved towards a market economy has not been accompanied by a similar development of its judiciary system. Since the early 1990s, foundational national legislation with a direct effect on firms, such as laws dealing with contract, investment, liability and ins

  14. What Does the Law Say?

    Science.gov (United States)

    Zirkel, Perry A.

    2011-01-01

    In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…

  15. Personal Law and Consumer Problems

    Science.gov (United States)

    Graf, David

    1972-01-01

    There is little doubt at Minnetonka High School that the integrated personal law and consumer problems course is effective. The areas studied promote variety, concentration on vital matters, and student interest in the business department as a source of general education. (Author)

  16. Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

    International Nuclear Information System (INIS)

    The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.)

  17. Legal certainty and Commercial Law: a comparative perspective (common law x civil law)

    OpenAIRE

    Fábio Ulhoa Coelho

    2015-01-01

    The purpose of this article is to discuss the issue of legal certainty. It reviews the legal certainty in the ambit of Brazilian Law, a civil law jurisdiction. The concept of legal certainty is delimited and its importance for economy and commercial relations is discussed. The most important aspect of legal certainty is “ideology”. The judicial legitimacy of the same-sex family union in Brazil is a highly notable case in which we can see that a norm is interpreted differently when the ideolog...

  18. European Energy Law. Report IV

    Energy Technology Data Exchange (ETDEWEB)

    Hammer, U.; Roggenkamp, M.M. (eds.)

    2007-07-01

    The European Energy Law Report IV presents an overview of the most important legal developments in the field of EU and national energy law as discussed at the 2006 European Energy Law Seminar. It examines recent developments in EU and National Law affecting the energy sector. This includes the increasing use of EU competition law to liberalise the energy markets, the long-awaited implementation of the 2003 Electricity and Gas Directives in Germany and an assessment of Regulation 1775/2005 and its effect on the European gas market. Besides the energy market liberalisation, the Community is increasingly paying attention to the need for a sustainable and clean energy supply. The second part of the book therefore includes chapters on legal issues resulting from the experiences on emission trading in 2005-2007, the regulatory challenges resulting from the new Commission Energy Policy, the impact of the Amsterdam and Berlin Fora on EU Energy policy, and the EU policy framework on energy efficiency. An important tool for improving energy efficiency is the introduction of white certificates. The third part of the report presents the basic principles of white certificates as well as practical experiences and policies in some member states like Italy, France, The Netherlands and the UK. The final part of the report considers several issues related to the development and use of subsea electricity interconnectors and pays special attention to the development of the NorNed cable. It raises the need for a Treaty perspective on the developments of such subsea interconnectors. Then some regulatory views on the development of the NorNed cable and market coupling through the cable are presented. Finally, the economic and regulatory distinction between regulated and merchant interconnectors is discussed.

  19. Contract Law in a Comparative Perspective

    Directory of Open Access Journals (Sweden)

    - Suharnoko

    2012-05-01

    Full Text Available The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but they have not recognized pre contractual liability and have not applied the doctrine of unjustified enrichment in disputes regarding illegal contract. As practical matter, the integration clause under common law system stipulated in contract governed by Indonesian law, whereas Internasional Convention on Sale of Good regarding this issue adopts civil law system.

  20. Laws of reflection and Snell's law revisited by video modeling

    Science.gov (United States)

    Rodrigues, M.; Simeão Carvalho, P.

    2014-07-01

    Video modelling is being used, nowadays, as a tool for teaching and learning several topics in Physics. Most of these topics are related to kinematics. In this work we show how video modelling can be used for demonstrations and experimental teaching in optics, namely the laws of reflection and the well-known Snell's Law of light. Videos were recorded with a photo camera at 30 frames/s, and analysed with the open source software Tracker. Data collected from several frames was treated with the Data Tool module, and graphs were built to obtain relations between incident, reflected and refraction angles, as well as to determine the refractive index of Perspex. These videos can be freely distributed in the web and explored with students within the classroom, or as a homework assignment to improve student's understanding on specific contents. They present a large didactic potential for teaching basic optics in high school with an interactive methodology.

  1. Cybercrime and the Law: An Islamic View

    OpenAIRE

    Mansoor Al-A'ali

    2007-01-01

    E-crime today presents one of the major challenges to law enforcement. Information technology is facing waves of laws guarding the interest of people using the Web technology. These laws were derived from the common laws and legislations applied in general crimes. With over one billion Muslims in this world, several calls were raised in the Islamic countries to establish a law suitable to handle computer crimes which matches the Islamic Shar'iah law. In this research, we have analyzed the 'Ad...

  2. Environmental law. 6. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    This pocketbook contains major federal regulation on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environments law is devided as follows: Constitutional law on the environment. Common administative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters waste management, protection against nuisances, nuclear energy are radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. The transitional provisons required for estaslishing the unified Germany are given in an annex. (orig.)

  3. Energy law in Europe - national, EU and international law and institutions

    Energy Technology Data Exchange (ETDEWEB)

    Roggenkamp, Martha M. [Leiden Univ., International Inst. for Energy Law, Leiden (Netherlands); Roenne, Anita [Copenhagen Univ., Copenhagen (Denmark); Redgwell, Catherine [St. Peter' s Coll., Oxford (United Kingdom); Guayo, Inigo del [Almeria Univ., Almeria (ES)] (eds.)

    2001-07-01

    This work provides a comparative survey, analysis and synthesis of energy law and regulation under EU and international law and in eight key European energy producing jurisdictions (Denmark, France, Germany, Italy, Netherlands, Norway, Spain, United Kingdom). In addition to separate chapters focusing on the law and institutions of each jurisdiction in turn, there are also major chapters on the impact of international law, environmental law issues, the CEEC and Energy Charter Treaty and EU Energy Law. (Author)

  4. Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

    OpenAIRE

    Yeni Salma Barlinti

    2011-01-01

    This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into f...

  5. FEATURES OF THE UNWRITTEN SOURCES OF EUROPEAN UNION LAW

    OpenAIRE

    2013-01-01

    There are three sources of European Union law: primary law, secondary law and supplementary law. Besides the case law of the Court of Justice, supplementary law includes international law and the general principles of law. It has enabled the Court to bridge the gaps left by primary and/or secondary law. International law is a source of inspiration for the Court of Justice when developing its case law. The Court cites written law, custom and usage. General principles of law are unwritten sourc...

  6. Nuclear law and radiological accidents

    International Nuclear Information System (INIS)

    Nuclear activities in Brazil, and particularly the radiological accident of Goiania, are examined in the light of the environmental and nuclear laws of Brazil and the issue of responsibility. The absence of legislation covering radioactive wastes as well as the restrictions on Brazilian States to issue regulations covering nuclear activities are reviewed. The radiological accident and its consequences, including the protection and compensation of the victims, the responsibility of the shareholders of the Instituto Goiano de Radioterapia, operator of the radioactive source, the provisional storage and the final disposal at Abadia de Goias of the radioactive waste generated by the accident are reviewed. Finally, nuclear responsibility, the inapplicability of the Law 6453/77 which deals with nuclear damages, and the state liability regime are analysed in accordance with the principles of the Brazilian Federal Constitution. (author)

  7. [Drug trafficking and international law].

    Science.gov (United States)

    Marini, Luca

    2002-01-01

    The production, the commerce and the use of drugs and other substances are ruled by several conventions of international law, that, at first, have had as object the production and the commerce of drugs for lawful purposes, and the measures required to prevent and to repress, at certain conditions, abuses and unlawful traffics. Just more recently, following some solicitations noticed by the International Community, and according to the concept of "well-balanced approach" described in the text, the measures introduced in this way were supported by a more incisive international movement, fit for the repression of unlawful traffics of drugs and to the adoption of suitable measures of prevention, also to avoid, at national level, sanitary, social and economical implications of the criminal phenomenon.

  8. Property law: a cognitive turn.

    Science.gov (United States)

    Blumenthal, Jeremy A

    2010-04-01

    Despite more than a century of research by psychologists on issues relating to the law, most such research has focused on a small subset of topics relevant to the legal system. Here, I review several legal topics amenable to psychological research that fall under the broad umbrella of property law: (1) how the concepts of property and ownership are represented cognitively; (2) the relationship between wealth and happiness, consumer behavior, and the priming effect of money concepts; (3) animal and child development in cognition about and behavior toward property and ownership; and (4) the relevance of psychological research on home to legal policy. These and other areas provide potential research agendas for cognitive and social cognitive psychologists. After noting the importance of such research for legal doctrine, theory, and policy, I close with suggestions for effectively communicating empirical findings to the legal community. PMID:20382918

  9. Law of Conservation of Muons

    Science.gov (United States)

    Feinberg, G.; Weinberg, S.

    1961-02-01

    A multiplicative selection rule for mu meson-electron transitions is proposed. A "muon parity" = -1 is considered for the muon and its neutrino, while the "muon parity" for all other particles is +1. The selection rule then states that (-1) exp(no. of initial (-1) parity particles) = (-1) exp(no. of final (-1) parity particles). Several reactions that are forbidden by an additive law but allowed by the multiplicative law are suggested; these reactions include mu{sup +} .> e{sup +} + nu{sub mu} + {ovr nu}{sub e}, e{sup -} + e{sup -} .> mu{sup -} + mu{sup -}, and muonium .> antimuonium (mu{sup +} + e{sup -} .> mu{sup -} + e{sup +}). An intermediate-boson hypothesis is suggested. (T.F.H.)

  10. Arranged marriages annulled by law.

    Science.gov (United States)

    Zhu, H

    1996-06-01

    The arranged marriages of 210 young people in Yongle Town in Zunyi County of Guizhou Province were dissolved in 1995. The proportion of child betrothals, which generally happens among close relatives, is as high as 85% in the town. Some engagements, known as fetus betrothals or belt betrothals, are arranged before the children are born or while they are still infants strapped (belted) to their mothers. Dissemination of information from the Constitution, the Marriage Law, and the Regulations on the Registration of Marriage concerning marriage, healthier births, and good upbringing of children, and other information on reproductive health, has shown young people that they have the freedom to love and marry of their own free will, that their marriage is protected by law, and that consanguineous marriage is harmful to the health of future generations. Some convinced their parents that their arranged marriages should be annulled.

  11. Treatment of surrogacyin Comparative Law.

    Directory of Open Access Journals (Sweden)

    Ángela Ruiz SÁENZ

    2016-01-01

    Full Text Available The progress in the life sciences and medicine driven by modern advances and discoveries of science and technology has led to the development of assisted reproductive technology as a solution to the problem of infertility, replacing adoption as a traditional alternative to biological parenthood. In this context, deserves special mention surrogacy by the disputes generated from a social standpoint, ethical, legal and biomedical. The disparate regulation of this practice into national law has led to the “reproductive tourism”, that is, the transfer of couples from countries where the practice of surrogacy is illegal in other countries where the practice is legal, leading private international law issues relating to the recognition of the parentage of children born through the use of these techniques.

  12. [Circumcision: history, religion and law].

    Science.gov (United States)

    Totaro, Angelo; Volpe, Andrea; Racioppi, Marco; Pinto, Francesco; Sacco, Emilio; Bassi, Pier Francesco

    2011-01-01

    The aim of this article is to describe the circumcision procedure during history, its therapeutic and preventive goals, with focus on bioethical, economic and law issues. The origins of this practice are lost in antiquity. It was performed since 3000 BC by the Egyptians for hygienic and religious reasons. Moreover, male circumcision is a religious commandment in Judaism and Islam, and it is customary in some Oriental Orthodox and other Christian churches of Africa. Nowadays, circumcision is performed as a routine procedure by the Jews and the Muslims for religious reasons. The world prevalence of men with circumcision is 12.5-33%, especially in USA, Canada, Islamic people and Africa; in Europe the prevalence rate is low (in Great Britain it is 1.5%). Currently, male circumcision is being highly debated because of ethical, law and scientific issues and the different roles of this procedure: therapeutic, prophylactic (but there is no universal consensus) and ritualistic role. Nowadays, in Italy there is a strong debate about the consensus for this practice and its indications. The Italian law does not allow performing ritualistic circumcision, as a free of charge procedure in public hospitals, at the government's expenses, because the Italian law must protect different religious cultures, in name of the laity of the State. Thus, national bioethical committee (CNB) has established that ritualistic circumcision may only be performed on a paying basis in public hospitals. As a protective practice, circumcision has decreased in the entire world because of the improvement of hygienical conditions and, above all, the lack of unanimous consent on the real usefulness of protective circumcision, even if several studies have recently demonstrated the protecting role of male circumcision against HIV infection. PMID:21452153

  13. Birch's Law for fluid metals

    International Nuclear Information System (INIS)

    By comparing acoustic velocities in fluid metals over a very wide range of densities we have established Birch's Law as an approximate representation over the entire liquid range. For a given liquid metal the acoustic velocity is close to linear in density, with a slope determined by the atomic weight. The measurements include isobaric expansion to less than half normal density, ultrasonics on molten metals at 1 atmosphere, and shock melted metals to greater than twice normal density

  14. Limit laws for exponential families

    OpenAIRE

    Balkema, August A.; Klüppelberg, Claudia; Resnick, Sidney I.

    1999-01-01

    For a real random variable [math] with distribution function [math] , define ¶ [math] ¶ The distribution [math] generates a natural exponential family of distribution functions [math] , where ¶ [math] ¶ We study the asymptotic behaviour of the distribution functions [math] as [math] increases to [math] . If [math] then [math] pointwise on [math] . It may still be possible to obtain a non-degenerate weak limit law [math] by choosing suitable scaling and centring constants [math] an...

  15. Fourier's Law in Quantum Mechanics

    CERN Document Server

    Seligman, Thomas H

    2010-01-01

    We derive Fourier's law for a completely coherent quantum system coupled locally to two heat baths at different temperatures. We solve the master equation to first order in the temperature difference. We show that the heat conductance can be expressed as a thermodynamic equilibrium coefficient taken at some intermediate temperature. We use that expression to show that for temperatures large compared to the mean level spacing of the system, the heat conductance is inversely proportional to the length of the system.

  16. Henry's law constants of polyols

    OpenAIRE

    Compernolle, S.; J.-F. Müller

    2014-01-01

    Henry's law constants (HLC) are derived for several polyols bearing between 2 and 6 hydroxyl groups, based on literature data for water activity, vapour pressure and/or solubility. While deriving HLC and depending on the case, also infinite dilution activity coefficients (IDACs), solid state vapour pressures or activity coefficient ratios are obtained as intermediate results. An error analysis on the intermediate quantities and the obtained HLC is included....

  17. Henry's law constants of polyols

    OpenAIRE

    Compernolle, S.; J.-F. Müller

    2014-01-01

    Henry's law constants (HLC) are derived for several polyols bearing between 2 and 6 hydroxyl groups, based on literature data for water activity, vapour pressure and/or solubility. Depending on the case, infinite dilution activity coefficients (IDACs), solid state pressures or activity coefficient ratios are obtained as intermediary results. For most compounds, these are the first values reported, while others compare favourably with literature data in most ...

  18. Feynman rules for Gauss's law

    CERN Document Server

    Metaxas, Dimitrios

    2016-01-01

    I work on a set of Feynman rules that were derived in order to incorporate the constraint of Gauss's law in the perturbation expansion of gauge field theories. The constraint is implemented via a Lagrange multiplier field, which, in the case of the non-Abelian theory, develops a radiatively generated effective potential term and corresponding soliton solutions, whose relation to the confining properties of the theory is discussed.

  19. Feynman rules for Gauss's law

    OpenAIRE

    Metaxas, Dimitrios

    2016-01-01

    I work on a set of Feynman rules that were derived in order to incorporate the constraint of Gauss's law in the perturbation expansion of gauge field theories and calculate the interaction energy of two static sources. The constraint is implemented via a Lagrange multiplier field, $\\lambda$, which, in the case of the non-Abelian theory, develops a radiatively generated effective potential term. After analysing the constant and soliton solutions for $\\lambda$, the confining properties and the ...

  20. Nuclear weapons and the law.

    Science.gov (United States)

    Murray, R K

    1999-01-01

    The history of the International Court of Justice (ICJ) is summarized, with a discussion of some of its earlier Advisory Opinions. The Advisory Opinion on the legality of nuclear arms is considered in the light of the principles of international humanitarian law and a review of nuclear weapons effects. The present government's position on nuclear weapons as outlined in the Strategic Defence Review (which ignores the issue of legality) is examined critically. PMID:10371869

  1. Takeover laws and financial development

    OpenAIRE

    Nenova, Tatiana

    2006-01-01

    The issue of "an appropriate" legal framework, especially in the case of the takeover market, has been poorly studied in the case of emerging markets, yet it is of immediate relevance and practical policymaker interest. The study makes a first attempt to analyze takeover regulations in a comparative context across 50 countries. It proposes a methodology to create a detailed index on the most salient features of capital market laws, and illustrates the approach on the case of takeover legislat...

  2. What's private about private law?

    OpenAIRE

    Lucy, W.

    2009-01-01

    When lawyers turn to other disciplines in the social sciences and humanities for guidance, they usually do so in pragmatic spirit: they want answers to particular difficult questions. This pragmatic spirit might be both mistaken and philistine: mistaken if it assumes greater determinacy in other disciplines than exists in law, and philistine because this mistake, and the pragmatic spirit in which it is made, shows little or no appreciation of the disciplines invoked. It is a form of intellect...

  3. Bayesian second law of thermodynamics.

    Science.gov (United States)

    Bartolotta, Anthony; Carroll, Sean M; Leichenauer, Stefan; Pollack, Jason

    2016-08-01

    We derive a generalization of the second law of thermodynamics that uses Bayesian updates to explicitly incorporate the effects of a measurement of a system at some point in its evolution. By allowing an experimenter's knowledge to be updated by the measurement process, this formulation resolves a tension between the fact that the entropy of a statistical system can sometimes fluctuate downward and the information-theoretic idea that knowledge of a stochastically evolving system degrades over time. The Bayesian second law can be written as ΔH(ρ_{m},ρ)+〈Q〉_{F|m}≥0, where ΔH(ρ_{m},ρ) is the change in the cross entropy between the original phase-space probability distribution ρ and the measurement-updated distribution ρ_{m} and 〈Q〉_{F|m} is the expectation value of a generalized heat flow out of the system. We also derive refined versions of the second law that bound the entropy increase from below by a non-negative number, as well as Bayesian versions of integral fluctuation theorems. We demonstrate the formalism using simple analytical and numerical examples. PMID:27627241

  4. Semantic grasping escapes Weber's law.

    Science.gov (United States)

    Löwenkamp, Christian; Gärtner, Wiebke; Haus, Isabel D; Franz, Volker H

    2015-04-01

    According to Weber's law, the just noticeable difference between stimuli increases proportionally with stimulus magnitude, suggesting that perception becomes more variable when a stimulus becomes larger. Surprisingly, this basic psychophysical principle appears to be violated in grasping because the variability of grasping movements does not increase with object size. This dissociation between perception and grasping has been interpreted either as evidence for different neuronal processing of real-time visual size information [Ganel, T., Chajut, E., Algom, D. (2008a). Current Biology, 18(14), R599-R601], or for the idea that grasping ignores stimulus size and is based on position information only [Smeets, J. B. J., and Brenner, E. (2008). Current Biology, 18(23), R1089-R1090]. Both accounts assume that it is the processing of visual information that leads to the absence of Weber's law in grasping. We show that even if neither visual nor any real-time sensory information about the stimulus is presented (but only abstract, semantic information about its size), grasping does not follow Weber's law. This indicates that other mechanisms must be responsible for the unexpected behavior of grasping. PMID:25731904

  5. European Energy Law. Report VI

    Energy Technology Data Exchange (ETDEWEB)

    Hammer, U.; Roggenkamp, M.M. (eds.)

    2009-07-01

    In four parts an overview is given of the most important legal developments in the field of EU and national energy law as discussed at the 2008 European Energy Law Seminar. The first part examines recent developments in the EU energy market liberalisation process. It includes developments in competition law and selected topics from the Third Energy Package, i.e. ownership unbundling and the establishment of an Agency for Energy Regulators. The second part focuses on the need for network investments in a liberalised energy market. It addresses the adequacy of the legal regime for investments in electricity networks and provides an analysis of the Commission's policy on TPA (Third Party Access) exemption requests for a new gas infrastructure. How to balance energy market liberalisation and supply security? Part 3 first addresses the Third Energy Package internal and external aspects of supply security. This is followed by an analysis of the reciprocity clauses in the ECT, a chapter on the development and impact of the Nord Stream pipeline and an analysis of the EU's view on supply security in the second strategic energy review. The final part of the book examines the role of the State in energy production. It includes chapters on the re-organisation of State participation in the upstream oil and gas sector in the Netherlands and Denmark and an analysis of the impact of the 2007 EFTA Court decisions on the Norwegian hydro power sector.

  6. Bayesian second law of thermodynamics

    Science.gov (United States)

    Bartolotta, Anthony; Carroll, Sean M.; Leichenauer, Stefan; Pollack, Jason

    2016-08-01

    We derive a generalization of the second law of thermodynamics that uses Bayesian updates to explicitly incorporate the effects of a measurement of a system at some point in its evolution. By allowing an experimenter's knowledge to be updated by the measurement process, this formulation resolves a tension between the fact that the entropy of a statistical system can sometimes fluctuate downward and the information-theoretic idea that knowledge of a stochastically evolving system degrades over time. The Bayesian second law can be written as Δ H (ρm,ρ ) + F |m≥0 , where Δ H (ρm,ρ ) is the change in the cross entropy between the original phase-space probability distribution ρ and the measurement-updated distribution ρm and F |m is the expectation value of a generalized heat flow out of the system. We also derive refined versions of the second law that bound the entropy increase from below by a non-negative number, as well as Bayesian versions of integral fluctuation theorems. We demonstrate the formalism using simple analytical and numerical examples.

  7. Power laws and market crashes

    CERN Document Server

    Kaizoji, T

    2006-01-01

    In this paper, we quantitatively investigate the statistical properties of a statistical ensemble of stock prices. We selected 1200 stocks traded on the Tokyo Stock Exchange, and formed a statistical ensemble of daily stock prices for each trading day in the 3-year period from January 4, 1999 to December 28, 2001, corresponding to the period of the forming of the internet bubble in Japn, and its bursting in the Japanese stock market. We found that the tail of the complementary cumulative distribution function of the ensemble of stock prices in the high value of the price is well described by a power-law distribution, $ P(S>x) \\sim x^{-\\alpha} $, with an exponent that moves in the range of $ 1.09 < \\alpha < 1.27 $. Furthermore, we found that as the power-law exponents $ \\alpha $ approached unity, the bubbles collapsed. This suggests that Zipf's law for stock prices is a sign that bubbles are going to burst. PACS: 89.65.Gh

  8. European Energy Law. Report VI

    International Nuclear Information System (INIS)

    In four parts an overview is given of the most important legal developments in the field of EU and national energy law as discussed at the 2008 European Energy Law Seminar. The first part examines recent developments in the EU energy market liberalisation process. It includes developments in competition law and selected topics from the Third Energy Package, i.e. ownership unbundling and the establishment of an Agency for Energy Regulators. The second part focuses on the need for network investments in a liberalised energy market. It addresses the adequacy of the legal regime for investments in electricity networks and provides an analysis of the Commission's policy on TPA (Third Party Access) exemption requests for a new gas infrastructure. How to balance energy market liberalisation and supply security? Part 3 first addresses the Third Energy Package internal and external aspects of supply security. This is followed by an analysis of the reciprocity clauses in the ECT, a chapter on the development and impact of the Nord Stream pipeline and an analysis of the EU's view on supply security in the second strategic energy review. The final part of the book examines the role of the State in energy production. It includes chapters on the re-organisation of State participation in the upstream oil and gas sector in the Netherlands and Denmark and an analysis of the impact of the 2007 EFTA Court decisions on the Norwegian hydro power sector

  9. Energy law and the environment

    Energy Technology Data Exchange (ETDEWEB)

    Rosemary Lyster; Adrian Bradbrook [University of Sydney, Sydney, NSW (Australia)

    2006-08-15

    The current unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. Contents are: Overview of energy production and use in Australia; 2. Energy technologies and sustainable development; 3. Energy, international environmental law and sustainable development; 4. Evaluating Australian government initiatives relating to energy, climate change and the environment; 5. Sustainable energy in the Australian electricity and gas sectors; 6. State government initiatives relating to energy and the environment; 7. A sustainable energy law future for Australia. 2 apps.

  10. Demonstrating Newton's Third Law: Changing Aristotelian Viewpoints.

    Science.gov (United States)

    Roach, Linda E.

    1992-01-01

    Suggests techniques to help eliminate students' misconceptions involving Newton's Third Law. Approaches suggested include teaching physics from a historical perspective, using computer programs with simulations, rewording the law, drawing free-body diagrams, and using demonstrations and examples. (PR)

  11. The international environmental law of cooperation

    Energy Technology Data Exchange (ETDEWEB)

    Stoll, P.T. [Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg (Germany)

    1996-12-31

    The author puts the question of whether the international environmental law can be called an international law of cooperation and examines its particular features and the available instruments for transboundary cooperation on various levels. (Orig./CB)

  12. Relativistic dynamics without collisions and conservation laws

    OpenAIRE

    Rothenstein, Bernhard; Popescu, Stefan

    2008-01-01

    We show that the relativistic expressions for momentum and energy as well as the way in which they transform could be derived without involving collisions and conservation laws. Our approach involves relativistic kinematics via the addition law of relativistic velocities.

  13. The European Union and National Criminal Law

    DEFF Research Database (Denmark)

    Greve, Vagn

    1995-01-01

    Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law......Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law...

  14. Introduction to Law-Related Education.

    Science.gov (United States)

    Little, Timothy H.

    1989-01-01

    Defines Law-Related Education and describes its goals: citizenship and ethics education, delinquency prevention, teaching survival, and critical thinking skills. Justifies Law-Related Education's place in the social studies curriculum. (CH)

  15. The Unification of Private International Law

    Directory of Open Access Journals (Sweden)

    Emira Kazazi

    2015-07-01

    Full Text Available Civil and the common law approaching Europe is no longer a “future project”, but more and more rather a present attempt (Kötz, 2003 – 2004. In this prism, concentrating on the European International Private Law within the space of mixed jurisdictions, it may seem surprising in light of the attempts to create a new European ius commune. But is it possible that a unification of the material law may sign the start of the end of the European conflicts of laws? Last but not the least private international law is not just a choice of law. The unification of the private law, in its definition as a concept, does not influence two of the three pillars of the private international law: respectively, that of the jurisdiction and recognition as well as implementation of foreign decisions.

  16. MIXED REACTION TO WORKERS’ RIGHTS LAW

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    Legal protection for workers’ rights, adopted this year, has been applauded by workers but criticized by management Few Chinese laws have taken as longto draft as the Labor Contract Law,which after 11 years in the draft process

  17. Book Review for the Major Issues in Company Law (with Chinese and English Comparative Law Notes)

    Institute of Scientific and Technical Information of China (English)

    Meng Wan

    2011-01-01

    @@ Major Issues in Company Law (with Chinese and English Comparative Law Notes) is the first bilingual book in company law published by Sweet & Maxwell,part of the Thomson-Reuters group.The author Peter Koh Soon Kwang is a lawyer qualified to practice law in three common law jurisdictions: England,Singapore and British Columbia in Canada.He has also taught for more than 9 years at leading law schools in China and other common law countries, and this book is the culmination of his years of legal practice and academic studies in common law countries and China.The theme of this book is to first introduce and analyze major issues in English company law system, and then to analyze related issues in Chinese company law system in a comparative way, based on his vast lecturing experiences in major law schools in China.

  18. Law and Justice in Community: The Significance of the Living Law

    Directory of Open Access Journals (Sweden)

    Oran Doyle

    2011-09-01

    Full Text Available Law and Justice in Community provides an account of law that privileges the role of custom, which the authors characterise as the living law. In this paper, I argue that the authors' account of law observes the same features as those observed by Hart in his Concept of Law. However, Hart viewed all law through the lens of state law, with the result that he did not identify the purpose of law. Conversely, Barden and Murphy view all law through the lens of the living law, with the result that they do not identify some of the most acute issues raised by pervasive state law. Ultimately, each account is helpful as a corrective to the other.

  19. 32 CFR 935.20 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 935.20 Section 935.20 National... WAKE ISLAND CODE Civil Law § 935.20 Applicable law. Civil acts and deeds taking place on Wake Island... June 15, 1950 (64 Stat. 217) (48 U.S.C. 644a), according to the laws of the United States relating...

  20. Introduction. Coleridge and the Rule of Law

    OpenAIRE

    Michael John KOOY

    2013-01-01

    Coleridge and law? Of all the professions Coleridge had dealings with during the course of his life – poetry, divinity, journalism, education, medicine – he had least patience with law. Though, as a young man, he once contemplated taking up law, and later regretted not having done so, he tended to regard law as a profession driven by an anti-metaphysical bias, a prejudice that acquaintances like the jurists James Mackintosh and John Stoddart probably did little to dispel (Henry Crabb Robinson...